i^l^^'iiamojy'j'^.^^ 


THE 

REVISED  ORDINANCES 


OF  THE 


CITY  OF.SEDALIA,  MISSOURI 

1894. 


TO  WHICH   IS   PREFIXED 


PROVISIONS    OF   THE    CONSTITUTION   OF   MISSOURI 
AFFECTING    MUNICIPAL    CORPORATIONS.— 
THE   CHARTER   OF  THE   CITY.— RULES 
OF   THE   COUNCIL- —  LIST   OF   OF- 
FICERS,  FRANCHISES,  Etc. 


PUBLISHED  BY  AUTHORITY  AND  DIRECTION  OF  THE  CITY  OF  SEDALIA. 


REVISED   AND   COMPILED   BY 
OF   THE   SEDALIA    BAR, 

By  Order  of  the  Mayor  and  City  Council. 


SEDALIA  MO: 

THE  SEDALIA   PRINTING   COMPANY, 
1894. 


Printed  copies  of  the  ordinances,  resolutions,  rules,  orders  and  by-laws 
of  any  city  or  incorporated  town,  in  this  State  purporting  to  be  published 
by  authority  of  such  city  or  incorporated  town,  and  manuscript  or  printed 
copies  of  such  ordinances,  resolutions,  rules,  orders  and  by-laws,  certified 
under  the  hand  of  the  officer  having  the  same  in  lawful  custody,  with  the 
seal  of  such  city  or  town  annexed,  shall  be  received  as  evidence  in  all  courts 
and  places  in  this  State  without  further  proof;  and  any  printed  pamphlet  or 
volume,  purporting  to  be  published  by  authority  of  and  such  town  or  city, 
and  to  contain  the  ordinances,  resolutions,  rules,  orders  or  by-laws  of  such 
town  or  city,  shall  be  evidence,  in  all  courts  and  places  within  this  State,  of 
such  ordinances,  resolutions,  rules,  orders  or  by-laws.     (^  4846  R.  S.  1889). 


PROVISIONS 

OF   THE 


CONSTITUTION  OF  THE  STATE  OF  MISSOURI 

AFFECTING 

MUNICIPAL  CORPORATIONS  OF  THE  STATE. 


ARTICLE    II. 

BILL    OF    RIGHTS. 


Section  i.  (i8)  That  no  person  elected  or  appointed 
to  any  office  or  employment  of  trust  or  profit  under  the  laws  of 
this  State,  or  any  ordinance  of  any  municipality  in  this  State, 
shall  hold  such  office  without  personally,  devoting  his  time  to 
the  performance  of  the  duties  to  the  same  belonging. 

Sec.  2.  (19)  That  no  person  who  is  now,  or  may  here- 
after become  a  collector  or  receiver  of  public  money,  or  assist- 
ant or  deputy  of  such  collector  or  receiver,  shall  be  eligible  to 
any  office  of  trust  or  profit  in  the  State  of  Missouri,  under  the 
laws  thereof,  or  of  any  municipality  therein,  until  he  shall  have 
accounted  for  and  paid  over  all  the  public  money  for  which  he 
may  be  accountable. 


ARTICLE  IV. 

limitation  on  legislative  power. 

Section  3.      (45)     The  General  Assembly  shall  have  no 
power  to  give  or  to  lend,  or  to  authorize  the  giving  or  lending 


^153518 


4  PROVISIONS   OF   THE    CONSTITUTION. 

of  the  credit  of  the  State  in  aid  of  or  to  any  person,  associa- 
tion or  corporation,  whether  municipal  or  other,  or  to  pledge 
the  credit  of  the  State  in  any  manner  whatsoever,  for  the  pay- 
ment of  the  liabilities,  present  or  prospective,  of  any  individual, 
association  of  individuals,  municipal  or  other  corporation  what- 
soever. 

Sec.  4.  (46)  The  General  Assembly  shall  have  no 
power  to  make  any  grant,  or  to  authorize  the  making  of  any 
grant  of  public  money  or  thing  of  value  to  any  individual,  as- 
sociation of  individuals,  municipal  or  other  corporation  whatso- 
ever ;  Provided,  that  this  shall  not  be  so  construed  as  to 
prevent  the  grant  of  aid  in  a  case  of  public  calamity. 

Sec.  5.  (47)  The  General  Assembly  shall  have  no 
power  to  authorize  any  county,  city,  town  or  township,  or 
other  political  corporation  or  subdivision  of  the  State  now  ex- 
isting, or  that  may  be  hereafter  established,  to  lend  its  credit, 
or  to  grant  public  money  or  thing  of  value,  in  aid  of  or  to  any 
individual,  association  or  corporation  whatsoever,  or  to  become 
a  stockholder  in  such  corporation,  association  or  company. 

Sec.  6.  (48)  The  General  Assembly  shall  have  no 
power  to  grant,  or  to  authorize  any  county  or  municipal  au- 
thority to  grant,  any  extra  compensation,  fee  or  allowance  to  a 
public  ofificer,  agent,  servant  or  contractor,  after  service  has 
been  rendered,  or  a  contract  has  been  entered  into  and  per- 
formed in  whole  or  in  part,  nor  pay  or  authorize  the  payment 
of  any  claim  hereafter  created  against  the  State,  or  any  county 
or  municipality  of  the  State,  under  any  agreement  or  contract 
made  without  express  authority  of  law;  and  all  such  unauthor- 
ized agreements  or  contracts  shall  be  null  and  void. 

Sec.  7.  (53)  The  General  Assembly  shall  not  pass  any 
local  or  special  law  : 

Regulating  the  affairs  of  counties,  cities,  townships,  wards 
or  school  districts : 

Changing  the  names  of  persons  or  places : 

Authorizing  the  laying  out,  opening,  altering  or  main- 
taining roads,  highways,  streets  or  alleys: 


PROVISIONS   OF    THE    CONSTITUTION.  5 

Vacating  roads,  town  plats,  streets  or  alleys: 

Relating  to  cemeteries,  grave  yards  or  public  grounds  not 
of  the  State: 

Incorporating  cities,  towns  or  villages,  or  changing  their 
charters : 

For  the  opening  and  conducting  of  elections,  or  fixing  or 
changing  the  places  of  voting: 

Creating  offices,  or  prescribing  the  powers  and  duties  of 
officers  in  counties,  cities,  townships,  election  or  school  dis- 
tricts : 

Regulating  the  fees  or  extending  the  powers  and  duties  of 
aldermen,  justices  of  the  peace,  magistrates  or  constables. 

Remitting  fines,  penalties  and  forfeitures,  or  refunding 
moneys  legally  paid  into  the  treasury : 

Exempting  property  from  taxation  : 

Creating  corporations,  or  amending,  renewing,  extending 
or  explaining  the  charter  thereof: 

Granting  to  any  corporation,  association  or  individual  any 
special  or  exclusive  right,  privilege  or  immunity,  or  to  any  cor- 
poration, association  or  individual,  the  right  to  lay  down  a  rail- 
road track : 

Extending  the  time  for  the  assessment  or  collection  of 
taxes,  or  otherwise  relieving  any  assessor  or  collector  of  taxes 
from  the  due  performance  of  their  official  duties,  or  their  secu- 
rities from  liability : 

Legalizing  the  unauthorized  or  invalid  acts  of  any  officer 
or  agent  of  the  State,  or  of  any  county  or  municipality  thereof. 
In  all  other  cases  where  a  general  law  can  be  made  applicable, 
no  local  or  special  law  shall  be  enacted ;  and  whether  a  general 
law  could  have  been  applicable  in  any  case,  is  hereby  declared 
a  judicial  question,  and  as  such  shall  be  judicially  determined, 
without  regard  to  any  legislative  assertion  on  the  subject : 

Nor  shall  the  General  Assembly  indirectly  enact  such 
special  or  local  law  by  the  partial  repeal  of  a  general  law;  but 
laws  repealing  local  or  special  acts  may  be  passed. 

Sec.  8.      (54)     No   local   or  special   law  shall  be  passed 


6  PROVISIONS    OF   THE    CONSTITUTION. 

unless  notice  of  the  intention  to  apply  therefor  shall  have  been 
published  in  the  locality  where  the  matter  or  thing  to  be 
affected  may  be  situated,  which  notice  shall  state  the  substance 
of  the  contemplated  law,  and  shall  be  published  at  least  thirty 
days  prior  to  the  introduction  into  the  General  Assembly  of 
such  bill,  and  in  the  manner  to  be  provided  by  law.  The  evi- 
dence of  such  notice  having  been  published,  shall  be  exhibited 
in  the  General  Assembly  before  such  act  shall  be  passed,  and 
the  notice  shall  be  recited  in  the  act  according  to  its  tenor. 


ARTICLE  VIII. 


SUFFRAGE   AND    ELECTIONS. 


Section  9.  (2)  Every  male  citizen  of  the  United 
States,  and  every  male  person  of  foreign  birth,  who  may  have 
declared  his  intention  to  become  a  citizen  of  the  United  States 
according  to  law,  not  less  than  one  year  nor  more  than  five 
years  before  he  offers  to  vote,  who  is  over  the  age  of  twenty- 
one  years,  possessing  the  following  qualifications,  shall  be  en- 
titled to  vote  at  all  elections  by  the  people: 

First — He  shall  have  resided  in  the  State  one  year  imme- 
diately preceeding  the  election  at  which  he  offers  to  vote. 

Second — He  shall  have  resided  in  the  county,  city  or  town 
where  he  shall  offer  to  vote,  at  least  sixty  days  immediately 
preceding  the  election. 

Sec.  10.  (3)  All  the  elections  by  the  people  shall  be 
by  ballot;  every  ballot  voted  shall  be  numbered  in  the  order  in 
which  it  shall  be  received,  and  the  number  recorded  by  the 
election  officers  on  the  list  ot  voters,  opposite  the  name  of  the 
voter  who  presents  the  ballot.  The  election  officers  shall  be 
sworn  or  affirmed  not  to  disclose  how  any  voter  shall  have 
voted,  unless  required  to  do  so  as  witnesses  in  a  judicial  pro- 
ceeding; Provided,  that  in  all  the  cases  of  contested  elections 
the   ballots   cast   may  be   counted,   compared   with   the  list  of 


PROVISIONS    OF   THE    CONSTITUTION.  7 

voters,  and  examined  under  such  safeguards  and  regulations  as 
may  be  prescribed  by  law. 

Sec.  II.  (4)  Voters  shall  in  all  cases,  except  treason, 
felony  or  breach  of  the  peace,  be  privileged  from  arrest  during 
their  attendance  at  elections,  and  in  going  to  and  returning 
therefrom. 

Sec.  12.  (6)  All  elections  by  persons  in  a  representa- 
tive capacity,  shall  be  viva  voce.. 

Sec.  13.  (7)  For  the  purpose  of  voting,  no  person 
shall  be  deemed  to  have  gained  a  residence  by  reason  of  his 
presence,  or  lost  it  by  reason  of  his  absence,  while  employed  in 
the  service,  either  civil  or  military,  of  this  State,  or  of  the 
United  States ;  nor  while  engaged  in  the  navigation  of  the 
waters  of  the  State,  or  of  the  United  States,  or  of  the  high  seas, 
nor  while  a  student  of  any  institution  of  learning,  nor  while  kept 
in  a  poor-house,  or  other  asylum  at  public  expense,  nor  while 
confined  in  public  prison. 

Sec.  14.  (8)  No  person,  while  kept  at  any  poor-house, 
or  other  asylum  at  public  expense,  nor  while  confined  in  any 
public  prison,  shall  be  entitled  to  vote  at  any  election  under  the 
laws  of  this  State. 

Sec.  15.  (9)  The  trial  and  determination  of  contested 
elections  of  all  public  officers,  whether  State,  judicial,  municipal 
or  local,  except  Governor  and  Lieutenant-Governor,  shall  be  by 
the  courts  of  law,  or  by  one  or  more  of  the  judges  thereof. 
The  General  Assembly  shall,  by  general  law,  designate  the 
court  or  judges  by  whom  the  several  classes  of  election  contests 
shall  be  tried,  and  regulate  the  manner  of  trial  and  all  matters 
incident  thereto;  but  no  such  law,  assigning  jurisdiction  or  reg- 
ulating its  exercise,  shall  apply  to  any  contest  arising  out  of 
any  election  held  before  s^id  law  shall  take  effect. 

Sec.  16.  (10)  The  General  Assembly  may  enact  laws 
excluding  from  the  right  of  voting  all  persons  convicted  of 
felony  or  other  infamous  crimes  or  misdemeanors  connected 
with  the  exercise  of  the  right  of  suffrage. 

Sec.  17.      (11)      No  officer,  soldier  or  marine,  in  the  reg- 


8  PROVISIONS   OF   THE    CONSTITUTION, 

ular   army  or   navy  of  the   United   States,  shall  be  entitled  to 
vote  at  any  election  in  this  State, 

Sec.  i8.  (12)  No  person  shall  be  elected  or  appointed 
to  any  office  in  this  State,  civil  or  military,  who  is  not  a  citizen 
of  the  United  States,  and  who  shall  not  have  resided  in  this 
State  one  year  next  preceding  his  election  or  appointment. 


ARTICLE  IX. 


COUNTIES,    CITIES    AND   TOWNS. 


Section  19.  (6)  No  county,  township,  city  or  other 
municipality  shall  hereafter  become  a  subscriber  to  the  capital 
stock  of  any  railroad  or  other  corporation  or  association,  or 
make  appropriation  or  donation,  or  loan  its  credit  to  or  in  aid 
of  any  college  or  institution  of  learning,  or  other  institution, 
whether  created  for  or  to  be  controlled  by  the  State  or  others. 
All  authority  heretofore  conferred  for  any  of  the  purposes 
aforesaid  by  the  General  Assembly,  or  by  the  charter  of  any 
corporation,  is  hereby  repealed ;  Provided,  however,  that 
nothing  in  this  Constitution  contained  shall  affect  the  right  of 
any  such  municipality  to  make  such  subscription,  where  the 
same  has  been  authorized  under  existing  laws  by  a  vote  of  the 
people  of  such  municipality  prior  to  its  adoption,  or  to  prevent 
the  issue  of  renewal  bonds,  or  the  use  of  such  other  means  as 
are  or  may  be  prescribed  by  law  for  liquidation  or  payment  of 
such  subscription,  or  of  any  existing  indebtedness. 

Sec.  20.  (7)  The  General  Assembly  shall  provide,  by 
general  laws,  for  the  organization  and  classification  of  cities  and 
towns.  The  number  of  such  classes  shall  not  exceed  four ;  and 
the  power  of  each  class  shall  be  defined  by  general  laws,  so 
that  all  such  municipal  corporations  of  the  same  class  shall 
possess  the  same  powers  and  be  subject  to  the  same  restric- 
tions. The  General  Assembly  shall  also  make  provisions,  by 
general  law,  whereby   any    city,    town    or   village,    existing   by 


PROVISIONS    OF   THE    CONSTITUTION.  9 

virtue  of  any  special  or  local  law,  may  elect  to  become  subject 
to,  and  be  governed  by,  the  general  laws  relating  to  such  cor- 
porations. 

Sec.  21.  (13)  The  fees  of  no  executive  or  ministerial 
officer  of  any  co  inty  or  municipality,  exclusive  of  the  salaries 
actually  paid  to  his  necessary  deputies,  shall  exceed  the  sum  of 
ten  thousand  dollars  for  any  one  year.  Every  such  officer  shall 
make  return,  quarterly,  to  the  county  court  of  all  fees  by  him 
received,  and  of  the  salaries  by  him  actually  paid  to  his  depu- 
ties or  assistants,  stating  the  same  in  detail,  and  verifying  the 
same  by  his  affidavit;  and  for  any  statement  or  omission  in 
such  return,  contrary  to  truth,  such  officer  shall  be  liable  to  the 
penalties  of  willful  and  corrupt  perjury. 

Sec.  22.  (  14)  Except  as  otherwise  directed  by  this 
Constitution,  the  General  Assembly  shall  provide  for  the  elec- 
tion or  appointment  of  such  other  county,  township  and  munici- 
pal officers,  as  public  convenience  may  require;  and  their 
terms  of  office  and  duties  shall  be  prescribed  by  law ;  but  no 
term  of  office  shall  exceed  four  years. 


ARTICLE  X. 

revenue  and  taxation. 

Section  23  (i)  The  taxing  power  may  be  exercised 
by  the  General  Assembly  for  State  purposes,  and  by  counties 
and  other  municipal  corporations,  under  authority  granted  to 
them  by  the  General  Assembly,  for  county  and  other  corporate 
purposes. 

Sec.  24.  (2)  The  power  to  tax  corporations  and  cor- 
porate property  shall  not  be  surrendered  or  suspended  by  act  of 
the  General  Assembly. 

Sec.  25.  (3)  Taxes  may  be  levied  and  collected  for 
public  purposes  only.  They  shall  be  uniform  upon  the  same 
class   of   subjects   within   the   territorial   limits   of    the  authority 


10  PROVISIONS    OF   THE    CONSTITUTION. 

levying  the  tax,  and  all  taxes  shall  be  levied  and  collected  by 
general  laws. 

Sec.  26.  (4)  All  property  subject  to  taxation  shall  be 
taxed  in  proportion  to  its  value. 

Sec.  27.  (5)  AH  railroad  corporations  in  this  state,  or 
doing  business  therein,  shall  be  subject  for  taxation  for  State, 
county,  school,  municipal,  and  other  purposes,  on  the  real  or 
personal  property  owned  or  used  by  them,  and  on  their  gross 
earnings,  their  net  earnings,  their  franchises,  and  their  capital 
stock. 

Sec.  28.  (6)  The  property,  real  and  personal,  of  the 
State,  counties  and  other  municipal  corporations,  and  ceme- 
teries, shall  be  exempt  from  taxation.  Lots  in  mcorporated 
cities  or  towns,  or  within  one  mile  of  the  limits  of  any  such  city 
or  town,  to  the  extent  of  one  acre,  and  lots  one  mile  or  more 
distant  from  such  cities  or  towns,  to  the  extent  of  five  acres, 
with  the  buildings  thereon,  may  be  exempted  from  taxation 
when  the  same  are  used  exclusively  for  religious  worship,  for 
schools,  or  for  purposes  purely  charitable;  also  such  property, 
real  or  personal,  as  may  be  used  exclusively  for  agricultural  or 
horticultural  societies ;  Provided,  that  such  exemptions  shall  be 
only  by  general  law, 

Sec.  29.  (7)  All  laws  exempting  property  from  taxa- 
tion,   other  than  the  property  above  enumerated,  shall  be  void. 

Sec.  30.  (9)  No  county,  city,  town  or  other  municipal 
corporation,  nor  the  inhabitants  thereof,  nor  the  property 
therein,  shall  be  released  or  discharged  from  their  or  its  propor- 
tionate share  of  taxes  to  be  levied  for  State  purposes,  nor  shall 
commutation  for  such  taxes  be  authorized  in  any  form  whatso- 
ever. 

Sec.  31.  (10)  The  General  Assembly  shall  not  impose 
taxes  upon  counties,  cities,  towns  or  other  municipal  corpora- 
tions, or  upon  the  inhabitants  or  property  thereof,  for  county, 
city,  town  or  other  municipal  purposes;  but  miy,  by  general 
laws,  vest  in  the  corporate  authorities  thereof  the  power  to  assess 
and  collect  taxes  for  such  purposes. 


PROVISIONS    OF   THE    CONSTITUTION.  II 

Sec.  32.  (11)  Taxes  for  county,  city,  town  and  school 
purposes,  may  be  levied  on  all  subjects  and  objects  of  taxation; 
but  the  valuation  of  property  therefor  shall  not  exceed  the 
valuation  of  the  same  property  in  such  town,  city  or  school  dis- 
trict for  State  and  county  purposes.  For  county  purposes  the 
annual  rate  on  property,  in  counties  having  six  million  dollars 
or  less,  shall  not,  in  the  aggregate,  exceed  fifty  cents  on  the 
hundred  dollars  valuation;  in  counties  having  six  million  dol- 
lars and  under  ten  million  dollars,  said  rates  shall  not  exceed 
forty  cents  on  the  hundred  dollars  valuation  ;  in  counties  hav  • 
ing  ten  million  dollars  and  under  thirty  million  dollars,  said  rate 
shall  not  exceed  fifty  cents  on  the  hundred  dollars  valuation ; 
and  in  counties  having  thirty  million  dollars  or  more,  said  rate 
shall  not  exceed  thirty-five  cents  on  the  hundred  dollars  valua- 
tion. For  city  and  town  purposes  the  annual  rate  on  property 
in  cities  and  towns  having  thirty  thousand  inhabitants  or  more, 
shall  not,  in  the  aggregate,  exceed  one  hundred  cents  on  the 
hundred  dollars  valuation ;  in  cities  and  towns  having  less  than 
thirty  thousand  and  over  ten  thousand  inhabitants,  said  rate 
shall  not  exceed  sixty  cents  on  the  hundred  dollars  valvation  ; 
in  cities  and  towns  having  less  than  ten  thousand  and  more  than 
one  thousand  inhabitants,  said  rate  shall  not  exceed  fifty  cents 
on  the  hundred  dollars  valuation ;  and  in  towns  having  one 
thousand  inhabitants  or  less,  said  rate  shall  not  exceed  twenty- 
five  cents  on  the  hundred  dollars  valuation.  For  school  pur- 
poses in  districts,  the  annual  rate  on  property  shall  not  exceed 
forty  cents  on  the  hundred  dollars  valuation  ;  Provided,  The 
aforesaid  annual  rates  for  school  purposes  may  be  increased  in 
districts  formed  of  cities  and  towns,  to  an  amount  not  to  exceed 
one  dollar  on  the  hundred  dollars  valuation;  and  in  other  dis- 
tricts to  an  amount  not  to  exceed  sixty-five  cents  on  the  hun- 
dred dollars  valuation,  on  the  condition  that  a  majority  of  the 
voters  who  are  tax-payers,  voting  at  an  election  held  to  decide 
the  question,  vote  for  said  increase.  F"or  the  purpose  of  erect- 
ing public  buildings  in  counties,  cities  or  school  districts,  the 
rates  of  taxation  herein  limited  may  be  ii. creased  when   the   rate 


12  PROVISIONS    OF   THE    CONSTITUTION. 

of  such  increase  and  the  purpose  for  which  it  is  intended  shall 
have  been  submitted  to  a  vote  of  the  people,  and  two-thirds  of 
the  qualified  voters  of  such  county,  city  or  school  district,  vot- 
ing at  such  election  shall  vote  therefor.  The  rate  herein 
allowed  to  each  county  shall  be  ascertained  by  the  amount  of 
taxable  property  therein,  according  to  the  last  assessment  for 
State  and  county  purposes,  and  the  rate  allowed  to  each  city  or 
town  by  the  number  of  inhabitants,  according  to  the  last  census 
taken  under  the  authority  of  the  State,  or  of  the  United  States; 
said  restrictions,  as  to  rate,  shall  apply  to  taxes  of  every  kind 
and  description,  whether  general  or  special,  except  taxes  to  pay 
valid  indebtedness  now  existing,  or  bonds  which  may  be  issued 
in  renewal  of  such  indebtedness. 

Sec.  33.  (12)  No  county,  city,  town,  township,  school 
district  or  other  political  corporation  or  subdivision  of  the 
State,  shall  be  allowed  to  become  indebted  in  any  manner,  or 
for  any  purpose,  to  an  amount  exceeding  in  any  year  the  in- 
come and  revenue  provided  for  such  year,  v/ithout  the  assent  of 
two-thirds  of  the  voters  thereof  voting  at  an  election  to  be  held 
for  that  purpose ;  nor  in  cases  requiring  such  assent  shall  any 
indebtedness  be  allowed  to  be  incurred  to  an  amount,  including 
existing  indebtedness,  in  the  aggregate,  exceeding  five  per 
centum  of  the  value  of  the  taxable  property  therein,  to  be  ascer- 
tained by  the  assessment  next  before  the  last  assessment  for 
State  and  county  purposes,  previous  to  the  incurring  of  such 
indebtedness;  Provided,  that,  with  such  assent,  any  county  may 
be  allowed  to  become  indebted  to  a  larger  amount  for  the  erec- 
tion of  a  court  house  or  jail ;  and  provided  further,  that  any 
county,  city,  town,  township,  school  district,  or  other  political 
corporation  or  subdivision  of  the  State,  incurring  any  indebt- 
edness, requiring  the  assent  of  the  voters  aforesaid,  shall,  before 
or  at  the  time  of  doing  so,  provide  for  the  collection  of  an  an- 
nual tax  sufficient  to  pay  the  interest  on  such  indebtedness  as  it 
falls  due,  and  also  to  constitute  a  sinking  fund  for  the  payment 
of  the  principal  thereof,  within  twenty  years  from  the  time  of 
contracting  the  same. 


PROVISIONS    OF   THE    CONSTITUTION.  1 3 

Sec.  34.  (13)  Private  property  shall  not  be  taken  or 
sold  for  the  payment  of  the  corporate  debt  of  a  municipal  cor- 
poration. 

Sec.  35.  (17)  The  making  of  a  profit  of  State,  county, 
city,  town  or  school  district  money,  or  using  the  same  for  any 
purpose  not  authorized  by  law,  by  any  public  ofificer,  shall  be 
deemed  a  felony,  and  shall  be  punished  as  provided  by  law. 

Sec.  36.  (20)  The  money  arising  from  any  loan,  debt 
or  liability,  contracted  by  the  State,  or  any  county,  city,  town, 
or  other  municipal  corporation,  shall  be  applied  to  the  purpose 
for  which  they  were  obtained,  or  to  the  repayment  of  such  debt 
or  liability,  and  not  otherwise. 


ARTICLE  XI. 


EDUCATION. 


Section  37.  (ii)  Neither  the  General  Assembly,  nor 
any  county,  city,  town,  vownship,  school  district  or  other  muni- 
cipal corporation,  shall  ever  make  an  appropriation,  or  pay 
from  any  public  fund  whatever,  anything  in  aid  of  any  religious 
creed,  church,  or  sectarian  purpose ;  or  to  help  to  support  or  sus- 
tain any  private  or  public  school,  academy,  seminary,  college, 
university  or  other  institution  of  learning  controlled  by  any  relig- 
ious creed,  church  or  sectarian  denomination  whatever ;  nor  shall 
any  grant  or  donation  of  personal  property  or  real  estate  ever 
be  made  by  the  State,  or  any  county,  city,  town  or  other  muni- 
cipal corporation,  for  any  religious  creed,  church  or  sectarian 
purpose  whatever. 


ARTICLE  XII. 


CORPORATIONS. — RAILROADS. 


Section  38.      (16)     The  General  Assembly  shall  pass  no 
law  for  the  benefit  of  a  railroad   or   other  corporations,    or   any 


14  PROVISIONS   OF   THE   CONSTITUTION. 

individual  or  association  of  individuals,  retrospective  in  its  oper- 
ation, or  which  imposes  on  the  people  of  any  county  or  muni- 
cipal subdivision  of  the  State  a  new  liability  in  respect  to  trans- 
actions and  considerations  already  past. 

Sec.  39.  (20)  No  law  shall  be  passed  by  the  General 
Assembly  granting  the  right  to  construct  and  operate  a  street 
railroad  within  any  city,  town,  village,  or  on  any  public  high- 
way, without  first  requiring  the  consent  of  the  local  authorities 
having  control  of  the  street  or  highway  proposed  to  be  occupied 
by  such  street  railroad ;  and  the  franchise  so  granted  shall  not 
be  transferred  without  similar  assent  first  obtained. 


ARTICLE  XIV. 


MISCELLANEOUS    PROVISIONS. 


Section  40.  (7)  The  General  Assembly  shall,  in  addi- 
tion to  other  penalties,  provide  for  the  removal  from  office  of 
county,  city,  town  and  township  officers,  on  conviction  of  will- 
ful, corrupt  or  fraudulent  violation  or  neglect  of  official  duty. 

Sec.  41.  (8)  The  compensation  or  fees  of  no  State, 
county  or  municipal  officer  shall  be  increased  during  his  term  of 
office ;  nor  shall  the  term  of  any  office  be  extended  for  a  longer 
period  than  that  for  which  such  officer  was  elected  or  ap- 
pointed. 

Sec.  43.  (9)  The  appointment  of  all  officers  not  other- 
wise directed  by  this  Constitution,  shall  be  made  in  such  a  man- 
ner as  may  be  prescribed  by  law. 

SCHEDULE. 

That  no  inconvenience  may  arise  from  the  alterations  or 
amendments  in  the  Constitution  of  this  State,  and  to  carry  the 
same  into  complete  effect,  it  is  hereby   ordained   and  declared  : 

Sec.  43.  (i)  That  all  laws  in  force  at  the  adoption  of 
this  Constitution,  not  inconsistent  therewith,  shall  remain  in  full 
force    until  altered  or  repealed  by  the  General  Assembly ;    and 


PROVISIONS    OF   THE    CONSTITUTION.  I  5 

all  rights,  actions  prosecutions,  claims  and  contracts  of  the 
State,  counties,  individuals  or  bodies  corporate,  not  inconsist- 
ent therewith,  shall  continue  to  be  as  valid  as  if  this  Constitu- 
tion had  not  been  adopted.  The  provisions  of  all  laws  which 
are  inconsistent  with  the  Constitution,  shall  cease  upon  its  adop- 
tion, except  that  all  laws  which  are  inconsistent  with  such  pro- 
visions of  this  Constitution,  as  require  legislation  to  enforce 
them,  shall  remain  in  force  until  the  first  day  of  July,  one 
thousand,  eight  hundred  and  seventy-seven,  unless  sooner 
amended  or  repealed  by  the  General  Assembly. 

Sec.  44.  (2)  That  all  renognizances,  obligations  and 
all  other  instruments,  entered  into  or  executed  before  the  adop- 
tion of  this  Constitution,  to  this  state  or  to  any  subdivision 
thereof,  or  any  muncipality  therein  ;  and  all  fines,  taxes,  penalties 
and  forfeitures,  due  or  owing  to  this  State,  or  any  such  subdivision 
or  municipality;  and  all  writs,  prosecutions,  actions  and  causes 
of  action,  except  as  herein  otherwise  provided,  shall  continue 
and  remain  unaffected  by  the  adoption  of  this  Constitution.  All 
indictments  which  shall  have  been  found,  or  may  hereafter  be 
found,  for  any  crime  or  offense  committed  before  this  Constitution 
takes  effect,  may  be  proceeded  upon  as  if  no  change  had  taken 
place,  except  as  otherwise  provided  in  this  Constitution. 


i6 


CHARTER. 


CHARTER. 


CITIES.  TOWNS  AND  VILLAGES 


CITIES    OF   THIRD    CLASS. 

An  Act  to  repeal  article  4,  chapter  30,  of  the  Revised  Stat- 
utes of  Missouri  of  1889,  with  all  amendments  thereof, 
said  article  being  entitled  "Cities  of  the  third  class,"  and 
to  enact  in  lieu  thereof  a  new  article,  providing  for  the 
government  of  cities  of  the  third  class. 


Division  of  city  into  wards — 
of  councilmen. 

Councilmen, qualifications  of, 
etc. 

President  pro  tempore. 

Council  shall  publish  semi- 
annual statements,  etc. 

Powers  of  council — witness- 
es, papers. 

Proceedings  of,  how  kept. 

Clerk,  temporary,  appoint- 
ment of. 

Duties  of  clerk. 

Officers  to  be  residents  of 
city. 

Officers  to  take  oath. 

Term  "officer"  construed. 

Delinquent  officer,  mayor  to 
proceed  against. 

Compensation  of  officers. 

Vacancies,  how  filled. 

Corrupt  allowance  of  claim, 
how  punished. 

Officers  prohibited  from  be- 
ing interested  in  contracts, 
etc.,  how  punished. 

Duties,  etc.,  may  be  regu- 
lated by  ordinance. 

Marshal,  duties. 

Assistant  marshal,  duties. 


vSECTION                                                                      I 

Sec 

1. 

Cities  of  the  third  class,  in- 
corporation of. 

17- 

2. 

Jurisdiction  not  affected. 

18. 

3- 

Election    of   officers,     when 

held,  etc. 

19- 

4- 

Refusal  to  qualify,  etc. — jiis- 
tice  of  the  peace  to  order 

20. 

election. 

21. 

5- 

Elective     officers — terms    of 

office. 

22. 

6. 

Qualifications     of     mayor — 
contests. 

23. 

7- 

Mayor    to    be    president    of 

24. 

council. 

25- 

8. 

He  shall  sign  commissions. 

drafts,  etc. 

26. 

9- 

Shall    communicate    to    the 

27. 

council,  what. 

28. 

10. 

May   require  officers  to   ex- 

hibit accounts. 

29. 

1 1. 

May    remove    officers,    with 

30. 

consent  of  council. 

31- 

12. 

Shall  enforce  ordinances. 

13- 

May  remit  fines,  etc. 

32- 

14. 

Shall  make  report  to  council, 
when. 

15- 

May  appoint  what  officers. 

33- 

16. 

Vacancy  in  office  of  mayor, 

how  filled— president  pro 

34. 

tern,  duties  of. 

35- 

CHARTER. 


17 


Section 

36.  Council  may  appoint  police- 

men. 

37.  Appointment  of,  to  be  ordi- 

nance. 
38      Powers  of  assistant  marshal 
and  policemen. 

39.  Marshal  subject  to  mayor. 

40.  Marshal,  etc.,  how  removed. 

41.  Duties    of  police  judge — va- 

cancies, how  filled. 

42.  Suitable    court-room    to    be 

furnished. 

43.  Violaiions      of     ordinances, 

how  prosecuted. 

44.  Warrants,    how    issued    and 

executed. 

45.  Police  judge    to    hear   com- 

plaints, etc. 
46      Recognizances        forfeited — 
duty  of  mayor. 

47.  Any  number  of  persons  may 

be  included  in   complaint 
— proceedings  on. 

48.  Jurisdiction  of  police  judge. 
49      Proceedings     in     indictable 

cases. 

50.  Continuances,  how  made. 

51.  Witnesses,  fees — duty  of  po- 

lice judge. 

52.  Shall  assess  punishment. 

53.  Prisoners      may     work      on 

streets,  etc. 

54.  Defendant,  when  discharged. 

55.  Appeals,  how  taken. 

56.  Prosecutor     to      pa}'     costs, 

when. 

57.  Police  judge  may  punish  for 

contempt,  etc. 
58      Cases  heard  and  tried  to  be 
filed  with  clerk. 

59.  Attorne}',  duties  of. 

60.  Additional      attorneys     em- 

ployed, when,  how. 

61.  Assessor,      duties — levy      of 

taxes. 

62.  Delinquent     taxes — lien    for 

taxes. 

63.  Collector,    duties    of — delin- 

quent taxes,  etc. 

64.  Taxes    collected    to    be    re- 

ported monthly. 

65.  Council  to  provide  for  levy- 

ing taxes,  etc. 

66.  Clerk  to  make  tax-books. 

67.  Collector    to    pay    over     all 

monies  monthly. 

68.  Power  of  council  to  levy  tax. 


Section 

69.  Poll-tax. 

70.  Bonded    debt    and    interest, 

power  to  levy  tax  for — 
funding  outstanding  debts. 

71.  Illegal    levy,    etc.,    may     be 

corrected. 

72.  Merchants'  tax. 

73.  Licenses,  how  issued. 

74.  No  exemption  from  tax. 

75.  Depository    for    city    funds, 

how  selected. 

76.  Bond  of  depository. 

77.  Treasurer  to   deposit   in  de- 

pository— penalty  for  fail- 
ure. 

78.  Treasurer,  duties  of. 

79.  Failure   to  select  depository 

— duty  of  coiincil. 

80.  Warrants,   how  drawn — pen- 

alties. 

81.  Sinking  funds,  how  invested 

— security. 

82.  vStyle  of  ordinances. 

83.  Mayor  to  approve  ordinances 

— may  veto — proceedings 
when  vetoed. 

84.  Powers  and  duties  of  mayor 

and  council  as  to  city  fi- 
nances, health,  etc. 

85.  Council  shall  enact  what  or- 

dinances. 

86.  May  regulate   lumber   yards, 

etc.,  running  at  large  of 
cattle, etc.,  provide  pounds, 
and  impose  penalties 

87.  May    control    streets,     side- 

walks, etc.,  amusements, 
etc. 

88.  Regulations    for    prevention 

of  contagious  diseases, 
abatement  of  same,  etc., — 
erect  hospitals,  waterworks, 
sewers,  etc. 

89.  Purchase   grounds    for   mar- 

ket houses,   etc. 

90.  Regulate  levees,  etc. 

91.  Inspection,  weighing,  etc 

92.  Slaughter  -  houses,       stock  - 

yards,  etc. 

93.  Carrying  concealed  and  dead- 

ly weapons. 

94.  Sprinkling  streets,    etc.,    as- 

sess cost  of  same,  etc. 

95.  Lighting  streets,  lamp-posts, 

contracts  for  gas,  electric- 
ity, etc. 


1 8 


CHARTER. 


Skction. 

96.  Contracts  for  water,  etc. — 
operate  waterworks,  etc. 

97  Establish  sewer  system,  and 
assess  tax  therefor. 

9S.  District  sewer,  and  assess  tax 
therefor,  and  issue  tax- 
bills,  etc. 

99.     Private  sewers. 

100.  Real     estate     for     cemetery 

purposes,  etc. 

1 01.  Cemetery  lots,  how  conveyed. 

102.  Opening,  extending  or  widen- 

ing  count}'  roads — duty  of 
council  as,  to  benefits,  etc. 

103.  Census,  how  taken — limit  of 

tax  levy. 

104.  Claims,  how   presented   and 

allowed. 

105.  Railroads  or   street  railroads 

— powers  of  council,  etc. 

106.  INIay  issue  bonds  for  purchase 

of  real  estate — how  issued 
— vote — limitation. 

107.  License  tax  may   be   levied, 

on  whom. 

108.  Council  to  provide   by  ordi- 

nance for  levying  taxes, 
etc.,  grading  and  improv- 
ing streets,  etc. 

109.  May     establish      grade      of 

streets,  etc. 
no.     Notice,  how'  given. 

111.  May  open,  improve  and  va- 

cate streets,  etc. 

1 12.  May  condemn  sidewalks  and 

improve  same. 

1 13.  May  advertise  for  bids,  etc. — 

city  to  construct,  when — 
tax  bills  issued  for. 


Section 
114.     Mav 


115 


116. 


117. 


118. 


119. 


124. 
125. 


open  streets,  etc.,  on 
petition  —  damages,  how 
assessed. 

Private  property  taken  — 
benefits  and  damages,  how 
determined — notice. 

Jury  to  ascertain  damages 
and  benefits,  etc. 

Exemption  from  payment  of 
benefits,  proceedings  in, 
etc. 

Mayor  to  report  verdict  to 
council,  etc.  —  appropria- 
tion to  pay  damages  against 
city — lien  on  private  prop- 
erty, etc. — Special  tax-bills 
to  issue,  etc. — tax  bills  to 
be  recorded — sale  of  prop- 
erty for  taxes — deed,   etc. 

Partie--  aggrieved  may  file 
objection,  where — affidavit 
^duties  of  clerk — notice, 
when  publi-shed  —  circuit 
court,  duties  of — verdict — 
execution,  etc. 

Duties  of  city  clerk — to  make 
record  of  ordinances — no 
tices,    etc.,    mayor     shall 
sign — city    to    pay     costs, 
w^heii. 

May  change  names  of  streets, 
how^— notice. 

May  enact  and  make  rules 
and  regulations. 

Punishment  for  violating  this 
act. 

Repealing  clause. 

Emergency  clause. 


Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri, 

as  follows: 

Section  i.  That  article  4,  of  chapter  30,  of  the  Re- 
vised Statutes  of  Missouri  of  1889,  said  article  being  entitled 
"Cities  of  the  third  class,"  with  all  amendments  thereof,  be 
and  the  same  is  hereby  repealed,  and  in  lieu  thereof  the  follow- 
ing is  enacted : 


CHARTER.  19 

ARTICLE  IV. 

CITIES    OF    THE    THIRD    CLASS. 

Section  i.  Any  city  of  the  third  class  in  this  State  may 
become  a  body  corporate  under  the  provisions  of  this  act,  in 
the  manner  provided  by  law,  under  the  name  of  "the  city  of 
,"  and  by  that  name  shall  have  perpetual  succes- 
sion, may  sue  and  be  sued,  implead  and  be  impleaded,  defend 
and  be  defended  in  all  courts  of  law  and  equity,  and  in  all  ac- 
tions whatever;  may  receive  and  hold  property,  both  real  and 
personal,  within  such  city,  and  may  purchase,  receive  and  hold 
real  estate  within  and  without  such  city  for  the  burial  of  the 
dead;  and  may  purchase,  hold,  lease,  sell  or  otherwise  dispose 
of  any  property,  real  or  personal,  it  now  owns  or  may  hereafter 
acquire;  may  receive  bequests,  gifts  and  donations  of  all  kinds 
of  property;  and  may  have  and  hold  one  com;i)on  seal,  and 
may  break,  change  or  alter  the  same  at  pleasure,  and  all  courts 
of  this  State  shall  take  judicial  notice  thereof. 

Sec.  2.  The  jurisdiction  of  any  city  which  shall  organize 
under  the  provisions  of  this  act  shall  not  in  any  wise  be  affected 
or  changed  in  consequence  thereof,  but  the  limits,  wards  and 
boundaries  of  each  city  shall  remain  after  such  organization  the 
same  as  they  were  previous;  and  all  laws  or  parts  of  laws,  or 
ordinances,  not  inconsistent  with  this  act,  which  were  in  opera- 
tion in  such  city  prior  to  its  organization  under  this 
acr,  or  prior  to  the  passage  of  this  act,  shall  continue 
in  force  until  repealed.  The  mayor  and  council  of  such  city, 
with  the  consent  of  a  majority  of  the  legal  voters  of  such  city 
voting  at  an  election  therefor,  shall  have  power  to  extend  the 
limits  of  the  city  over  territory  adjacent  thereto,  and  to  dimin- 
ish the  limits  of  the  city  by  excluding  territory  therefrom,  and 
shall,  in  every  case,  have  power,  with  the  consent  of  the  legal 
voters  as  aforesaid,  to  extend  or  diminish  the  city  limits  in  such 
manner  as  in  their  judgment  and  discretion  may  redound  to  the 
benefit  of  the  city :      Provided,    however,    that  all   agricultural 


20  CHARTER. 

and  pas;  lire  lands  in  tracts  in  excess  of  forty  (40)  acres  in  such 
city  shall  be  exempt  from  taxation  for  city  purposes  until  said 
lands  are  laid  off  into  lots  and  blocks,  and  pla^s  of  the  same 
filed  for  record. 

Sec.  3.  A  general  election  for  the  elective  officers  of 
each  city  of  the  third  class  shall  be  held  on  the  first  Tuesday  in 
April  after  the  organization  of  such  city  under  the  provisions  of 
this  act,  and  every  two  years  thereafter,  and  all  city  elections 
shall  be  held  under  the  provisions  of  the  general  election  laws 
of  the  State:  •Provided,  that  all  certificates  of  nomination  and 
petitions  therefor,  as  provided  by  the  State  election  laws, 
shall  be  filed  with  the  city  clerk  and  not  with  any  other  officer, 
and  all  duties  specified  to  be  performed  by  the  constable  or 
sheriff  in  the  State  elections  shall  be  performed  by  the  marshal 
in  city  elections ;  and  all  tickets  for  city  elections  shall  be 
printed  by  the  city  and  at  the  city's  expense;  and  all  duties 
heretofore  performed  by  the  county  clerk  with  reference  to  city 
elections  shall  be  performed  by  the  city  clerk.  The  polling 
places  for.  all  elections  in  such  cities,  and  the  judges  therefor, 
shall  be  selected  and  specified  by  the  ri^spective  city  councils  of 
such  cities  by  resolution,  ordinance  or  otherwise.  The  manner 
of  making  returns  of  such  elections  shall  be  prescribed  by  ordi- 
nance. Any  city  organizing  under  the  provisions  of  this  act 
may  elect  a  mayor  and  such  other  officers  as  may  be  necessary 
to  carry  this  act  into  effect,  who  shall  hold  office  until  the  sec- 
ond Tuesday  in  April  thereafter,  and  until  their  successors  are 
elected  and  qualified. 

Sec.  4.  If  at  any  time,  by  reason  of  non-acceptance,  res- 
ignation, refusal  to  qualify,  or  for  any  other  cause,  there  shall 
be  no  officers  of  the  city  to  order  an  election,  any  justice  of  the 
peace  within  the  corporate  limits  is  empowered  to  order  and 
hold  an  election  for  city  officers. 

Sec.  5.  The  following  officers  shall  be  elected  by  the 
qualified  voters  of  the  city,  and  shall  hold  their  offices  for  two 
years,  and  until  their  successors  are  duly  elected  and  qualified, 
to-wit:      A   mayor,    marshal,    attorney,   police  judge,  assessor. 


CHARTER.  2  I 

collector  and  treasurer.  The  attorney  shall  be  a  person  learn- 
ed in  the  law. 

Sec.  6.  No  person  shall  be  mayor  unless  he  be  at  least 
thirty  years  of  age,  a  citizen  of  the  United  States  and  a  resi- 
dent of  such  city  at  the  time  of  and  for  two  years  next  preced- 
ing his  election.  When  two  or  more  persons  shall  have  an 
equal  number  of  votes  for  the  ofKice  of  mayor,  or  an  election 
for  mayor  be  contested,  the  matter  shall  be  determined  by  the 
council. 

Sec.  7.  The  mayor  shall  be  president  of  the  council,  but 
shall  not  vote ;  he  shall  have  the  superintending  control  of  all 
the  officers  and  affairs  of  the  city,  and  shall  take  care  that  the 
ordinances  of  the  city,  and  the  State  laws  relating  to  such  city, 
are  complied  with. 

Sec.  8.  The  mayor  shall  sign  the  commissions  and  ap- 
pointments of  all  city  officers  elected  or  appointed  in  the  city, 
and  shall  approve  all  official  bonds.  He  shall  sign  all  orders 
and  drafts  drawn  on  the  treasurer  for  money,  and  cause  the  city 
clerk  to  attest  the  same,  and  to  affix  thereto  the  seal  of  the  city, 
and  to  keep  an  accurate  record  thereof  in  a  book  to  be  pro- 
vided for  that  purpose. 

Sec.  9.  The  mayor  shall,  trom  time  to  time,  communi- 
cate to  the  council  such  measures  as  may,  in  his  opinion,  tend 
to  the  improvement  of  the  finances,  the  police,  health,  security, 
ornament,  comfort  and  general  prosperity  of  the  city. 

Sec.  10.  The  mayor  shall  have  power  to  require,  as 
often  as  he  may  deem  it  nece  sary,  any  officer  of  the  city  to  ex- 
hibit his  accounts  or  other  papers  or  records,  and  to  make  re- 
port to  the  council,  in  writing,  touching  any  subject  or  matter 
pertaining  to  his  office. 

Sec,  II.  The  mayor  may,  with  the  consent  of  a  major- 
ity of  all  the  members  elected  to  the  city  council,  remove  from 
ofiice,  for  cause  shown,  any  elective  officer  of  the  city,  such 
officer  first  being  given  opportunity,  together  with  his  witnesses, 
to  be  heard  before  the  council,  sitting  as  a  court  of  impeach- 
ment.     Any    elective    officer    may,    in    like  manner,   for  cause 


2  2  CHARTER. 

shown,  be  removed  from  office  by  a  two-thirds  vote  of  all  the 
members  elected  to  the  city  council,  independently  of  the 
maj'or's  approval  or  recommendation.  The  mayor  may,  with 
the  consent  of  a  majority  of  all  the  members  elected  to  the 
council,  remove  from  office  any  appointive  officer  of  the  city  at 
will ;  and  any  such  appointive  officer  may  be  so  removed  by  a 
two-thirds  vote  of  all  the  members  elected  to  the  council,  inde- 
pendently of  the  mayor's  approval  or  recommendation.  The 
council  may  pass  ordinances  regulating  the  manner  of  impeach- 
ment and  removals. 

Sec.  12.  The  mayor  shall  be  active  and  vigilant  in  en- 
fcw"cing  all  laws  and  ordinances  for  the  government  of  the  city, 
and  he  shall  cause  all  subordinant  officers  to  be  dealt  with 
promptly  for  any  neglect  or  violation  of  duty ;  and  he  is  here- 
by authorized  to  call  on  every  male  inhabitant  of  the  city,  over 
eighteen  years  of  age  and  under  fifty,  to  aid  in  enforcing  the 
laws. 

Sec.  13.  The  mayor  shall  have  power  to  remit  fines  and 
forfeitures  and  to  grant  reprieves  and  pardons  for  offenses 
arising  under  ordinances  of  the  city ;  but  this  section  shall  not 
be  so  construed  as  to  authorize  the  mayor  to  remit  any  costs 
which  may  have  accrued  to  any  officer  of  the  city  b}^  reason  of 
any  prosecution  under  the  laws  or  ordinances  of  said  city. 

Sec.  14.  The  mayor  shall  make  a  written  report  to  the 
council,  on  or  before  the  first  day  of  July  of  each  year,  which 
report  shall  contain  his  estimate  of  the  necessary  appropriations 
to  meet  all  the  wants  of  the  current  year,  and  the  estimated  re- 
ceipts from  licenses,  taxes  and  other  sources,  and  which  shall 
also  show  the  actual  financial  condi^ion  of  the  city. 

Sec.  15.  The  mayor,  with  the  consent  and  approval  of  a 
majority  of  the  members  elected  to  the  city  council,  shall  have 
power  to  appoint  a  street  commissioner  and  such  other  officers 
as  he  may  be  authorized  by  ordinance  to  appoint. 

Sec.  16.  When  any  vacancy  shall  happen  in  the  office  of 
the  mayor,  by  death,  resignation,  removal  from  city,  removal 
from  office,  refusal  to   qualify   or   otherwise,    the   president  pro 


CHARTER.  23 

teni.  of  the  council  shall,  for  the  time  being,  perform  the  duties 
of  mayor  until  such  vacancy  be  filled  ;  and  in  case  of  the  tem- 
porary absence  of  the  mayor  or  disability  to  perform  the  duties 
of  his  ofifice,  the  president /w  tern,  of  the  council  shall  perform 
the  duties  of  mayor  until  the  mayor  shall  return  or  such  disabil- 
ity be  removed;  and  during  the  time  the  president  pro  tern,  of 
the  council  shall  act  as  ma3^or,  he  shall  receive  the  same  com- 
pensation that  the  mayor  would  be  entitled  to.  In  case  of  va- 
cancy other  than  a  temporary  absence  or  di- ability,  the  person 
exercising  the  oflice  of  mayor  shall  cause  a  new  election  to  be  held, 
giving  ten  days'  notice  thereof  by  proclamation  published  in  some 
newspaper  published  in  the  city:  Provided,  when  a  vacancy  oc- 
curs within  six  months  of  a  general  municipal  election,  no  elec- 
tion shall  be  called  to  fill  such  vacancy. 

Sec.  17.  The  council  shall,  by  ordinance,  divide  the  city 
into  not  less  than  four  wards,  and  two  councilmen  shall  be  elec- 
ted from  each  of  such  wards  by  the  qualihed  voters  thereof  at 
the  first  election  for  councilmen  in  cities  hereafter  adopting  the 
provisions  of  this  act;  the  one  receiving  the  highest  number  of 
votes  in  each  ward  shall  hold  his  office  for  two  years,  and  the 
one  receiving  the  next  highest  number  of  votes  shall  hold  his 
ofiice  for  one  year ;  but  thereafter  each  ward  shall  elect  annually 
one  councilman,  who  shall  hold  his  office  for  two  years. 

Sec.  18.  No  person  shall  be  a  councilman  unless  he  be  at 
least  twenty-five  years  of  age,  a  citizen  of  the  United  States, 
and  an  inhabitant  of  the  city  for  one  year  next  preceding  his 
election,  and  a  resident  of  the  ward  from  which  he  is  elected  six 
months  next  preceding  his  election.  Whenever  there  shall  be 
a  tie  in  the  election  of  a  councilman,  or  an  election  for  a  coun- 
cilman be  contested,  the  matter  shall  be  determined  by  the 
council. 

Sec.  19.  At  the  first  regular  meeting  of  the  city  council 
after  the  election  in  each  year — which  meeting  shall  occur  at  the 
time  fixed  by  ordinance,  but  shall  not  be  later  than  the  third  Tues- 
day in  April — the  council  shall  elect  one  of  its  members  president 
pro  tern.,  who  shall  hold  his  office  for  the  term  of  one  year,  and 


24  CHARTER. 

who,  in  the  absence  of  the  mayor,  shall  preside  at  the  meetings 
of  the  council:  Provided,  that  in  the  absence  of  the  mayor  and 
president  pro  tent,  the  council  may  select  one  of  its  members 
present  to  preside  at  such  meetings,  who  shall  be  styled  "acting 
president  pro  tern.' ' 

Sec.  20.  The  council  shall  semi-annually,  in  January  and 
July  of  each  year,  publish  a  full  and  detailed  statement  of  <he 
receipts  and  expenditures  and  indebtedness  of  the  city  for  the 
half  year  ending  on  December  31  and  June  30  preceeding  the 
date  of  such  report,  which  statement  shall  be  published  in  some 
newspaper  published  in  the  city. 

Sec.  21.  The  council  shall  have  power  to  compel  the  at- 
tendance of  witnesses  and  the  production  of  papers  relating  to 
any  subject  under  consideration  in  which  the  interest  of  the  city 
is  involved,  and  shall  have  power  to  call  on  the  proper  officer 
of  the  city,  or  of  the  county  in  which  such  city  is  located,  to 
execute  such  process.  The  officer  making  such  service  shall 
be  entitled  to  receive  therefor  such  fees  as  are  allowed  by  law 
for  similar  service,  to  be  paid  by  the  city.  The  president  of  the 
council,  or  president  pro  tern.,  shall  have  power  to  administer 
oaths  to  witnesses. 

Sec.  22.  The  council  shall  cause  to  be  kept  a  journal  of 
its  proceedings,  and  the  ayes  and  nays  of  the  members  shall  be 
entered  on  any  question  at  the  desire  of  any  two  members.  The 
council  may  prescribe  and  enforce  such  rules  as  may  be  neces- 
sary to  secure  the  attendance  of  its  members  and  the  expeditious 
transaction  of  its  business. 

Sec.  23.  Whenever,  for  any  reason,  the  city  clerk  is  un- 
able to  perform  the  duties  of  his  office,  the  city  council  may  by 
resolution  appoint  a  temporary  clerk  who  shall  have  all  the 
power  and  perform  all  the  duties  of  the  regular  clerk,  and  shall 
receive  the  same  salary  for  the  time  he  so  acts,  but  at  no  event 
shall  both  the  regular  and  temporary  clerk  receive  pay  at  the 
same  time,  nor  shall  the  regular  clerk  receive  any  pay  for  the 
time  he  fails  to  perform  the  duties  of  his  office  as  herein  pro- 
vided. 


CHARTER.  25 

Sec.  24.  The  city  clerk  shall,  among  other  duties,  keep 
the  journal  of  the  proceedings  of  the  council.  He  shall  safely 
and  properly  keep  all  records  and  papers  belonging  to  the  city 
which  may  be  intrusted  to  his  care ;  he  shall  be  the  general  ac- 
countant of  the  city,  and  generally  shall  perform  all  the  duties 
required  of  him  by  ordinance  or  orders  of  the  council.  He  is 
hereby  empowered  to  administer  offtcial  oaths,  and  also  oaths 
to  persons  certifying  to  demands  or  claims  against  the  city. 

Sec.  25.  AH  officers  elected  or  appointed  to  office  under 
the  city  government  shall  be  qualified  voters  under  the  laws  and 
Constitution  of  this  State  and  the  ordinance  of  the  city,  and, 
except  the  city  sextons,  must  be  residents  of  the  city.  No 
person  shall  be  elected  or  appointed  to  any  ofifice  who  shall  at 
the  time  be  in  arrears  for  any  unpaid  city  taxes,  or  forfeiture  or 
defalcation  in  office. 

Sec.  26.  Every  officer  of  the  city  and  his  assistants,  and 
every  councilman,  before  entering  upon  the  duties  of  his  office, 
ihall  take  and  subscribe  to  an  oath  or  affirmation  before  some 
court  of  record  in  the  county,  or  justice  of  the  peace  in  the 
township,  or  the  city  clerk  or  the  police  judge,  that  he  possesses 
all  the  qualifications  prescribed  for  his  office  by  law;  that  he 
will  support  the  Constitution  of  the  United  States,  and  of  the 
State  of  Missouri,  the  provisions  of  all  laws  of  this  State  affect- 
ing cities  of  this  class,  and  the  ordinances  of  the  city,  and 
faithfully  demean  himself  in  office;  which  official  oath  or  affirm- 
ation shall  be  filed  by  the  city  clerk.  Every  officer  of  the  corpor- 
ation, when  required  by  law  or  ordinance,  shall,  within  fifteen 
days  after  his  election  or  appointment,  and  before  entering  upon 
the  discharge  of  the  duties  of  his  office,  give  bond  to  the  city  in 
such  sum  and  with  such  sureties  as  shall  be  designated  by  ordi- 
nance, conditioned  for  the  faithful  performance  of  his  duty,  and 
that  he  will  pay  over  all  moneys  belonging  to  the  city,  as  provided 
by  law,  that  may  come  into  his  hands.  If  any  person  elected  or 
appointed  to  any  office  shall  fail  to  take  and  subscribe  such  oath 
or  affirmation,  or  to  give  bond  as  herein  required,  his  office 
shall   be   deemed   vacant.      For   any  breach  of  condition  of  any 


26  CHARTER. 

such  bond,  suit  may  be  instituted  thereon  by  the  city,  or  by 
any    person    in  the  name  of  the  city  for  the   use  of  such  person. 

SliC.  27.  The  term  "officer,"  whenever  used  in  this  act, 
shall  include  any  person  holding  any  situation  under  the  city 
government  or  any  of  its  departments,  with  an  annual  salary, 
or  for  a  definite  term  of  office. 

Sec.  28.  Any  failure  on  the  part  of  any  city  officer  to 
pay  into  the  treasury  of  the  city  the  balance  reported  by  the 
mayor  to  be  du/2  from  him  to  the  city  upon  the  adjustment  of  his 
account,  shall  cause  a  forfeiture  of  his  office,  and  such  balance 
shall  bear  interest  at  ten  per  cent,  from  the  time  it  should  have 
been  accounted  for  until  it  shall  have  been  paid  into  the  treas- 
ury. The  mayor  shall  immediately  order  suit  to  be  com- 
menced in  the  proper  court  against  the  delinquent  officer  or  his 
bondsmen,  for  such  balance.  It  shall  be  the  duty  of  the 
officers  of  the  city  to  report  annually  to  the  council,  which  re- 
port shall  embrace  a  full  statement  of  the  receipts  and  expendi- 
tures of  their  respective  offices,  and  such  other  matters  as  may 
be  required  by  the  council. 

Sec.  29.  The  council  shall  have  power  to  fix  the  com- 
pensation of  all  the  officers  and  employes  of  the  city ;  but  the 
salary  of  an  officer  shall  not  be  changed  during  the  time  for 
which  he  was  elected  or  appointed. 

Sec.  30.  If  a  vacancy  occur  in  any  elective  office,  the 
mayor,  oi  the  person  exercising  the  office  of  mayor,  shall 
cause  a  special  election  to  be  held  to  fill  such  vacancy,  giving 
ten  days  notice  thereof  by  proclamation  published  in  some 
newspaper  published  in  the  city :  Provided,  however,  when 
any  such  vacancy  occurs  within  six  months  of  general  municipal 
election,  no  election  shall  be  called  to  fill  such  vacancy,  but  the 
same  shall  be  filled  by  the  mayor  or  the  person  exercising  the 
office  of  mayor  by  appointment :  Provided,  fnrtJier,  that  any 
vacancy  in  the  office  of  councilman  which  may  occur  within 
said  six  months  shall  be  filled  by  election,  in  such  manner  as 
may  be  provided  by  ordinance.  If  a  vacancy  occur  in  any  of- 
fice  not   elective,    the  mayor  shall  appoint  a  suitable  person  to 


CHARTER.  27 

discharge  the  duties  of  the  same  until  the  first  regular  meeting 
of  the  council  thereafter,  at  which  time  such  vacancy  shall  be 
permanently  filled. 

Sec.  31.  Any  member  of  the  council  or  officer  of  the 
city  who  shall,  in  official  capacity,  or  under  color  of  his  of- 
fice, knowingly  or  willfully  or  corruptly  vote  or  assent  to,  or 
report  in  favor  of,  or  allow  or  certify  for  allowance,  any  claim 
or  demand  against  the  city,  which  claim  or  demand  shall  be  on 
account  of  or  under  color  of  a  contract  or  agreement  not  au- 
thorized by  law  and  the  ordinances  of  the  city,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall,  upon  conviction  thereof, 
be  punished  by  imprisonment  in  the  county  jail  for  not  more 
than  one  year,  or  by  fine  not  exceeding  five  hundred  dollars,  or 
by  both  such  fine  and  imprisonment. 

Sec.  32.  If  any  city  offtcer  shall  be  directly  or  indirectly 
interested  in  any  contract  under  the  city,  or  in  an}'  work  done 
by  the  city,  or  in  furnishing  supplies  for  the  city,  or  any  of  its 
institutions,  he  shall  be  deemed  guilty  of  a  misdemeanor,  and, 
upon  conviction  thereof,  shall  be  punished  by  a  fine  not  ex- 
ceeding two  hundred  dollars,  or  by  imprisonment  in  the  county 
jail  not  exceeding  six  months,  or  by  both  such  fine  and  im- 
prisonment; and  upon  the  city  council,  or  any  member  thereof, 
becoming  satisfied  that  any  ofticer  of  the  city  is  so  interested, 
the  council  shall,  as  soon  as  practicable,  be  convened  to  hear 
and  determine  the  same,  and  if,  upon  investigation,  such  of^cer 
be  found  so  interested,  by  a  majority  of  all  the  members 
elected  to  the  council,  he  shall  be  immediately  dismissed  from 
ofifice. 

Sec.  33,  The  duties,  powers  and  privileges  of  officers  of 
every  character  in  any  way  connected  with  the  city  govern- 
ment, not  herein  defined,  shall  be  prescribed  by  ordinance;  and 
bonds  may  be  required  of  any  such  officers  for  faithfulness  in 
ofifice. 

Sec.  34.  The  marshal  shall  be  chief  of  police,  and  shall 
have  power  at  all  times  to  make  or  order  an  arrest  with  proper 
process,  for  any  offense  against  the   laws   of  the  city,  and  keep 


2S  CHARTER. 

the  oricnder  in  the  city  prison  or  other  proper  place  to  prevent 
his  escape,  until  a  trial  can  be  had  before  the  proper  officer, 
unless  such  offender  shall  give  a  good  anJ  sufficient  bond  for 
his  appearance  for  trial.  The  marshal  shall  also  have  power  to 
make  arrests  without  process  in  all  cases  in  which  any  offense 
against  the  laws  of  the  city  shall  be  committed  in  his  presence. 
He  shall  collect  all  fines  assessed  in  the  police  court,  and  pay 
the  same  into  the  city  treasury. 

Sec.  35.  .  There  may  be  one  assistant  marshal,  who  shall 
serve  for  a  term  of  one  year,  and  shall  perform  the  duties  of 
the  marshal  at  such  times  as  the  marshal  may  be  absent,  dis- 
qualified or  unable  to  act.  At  other  times,  the  assistant  mar- 
shal shall  render  services  as  a  regular  member  of  the  police 
force. 

Sec.  36.  There  shall  be  such  number  of  regular  police- 
men as  may  be  deemed  necessary  by  the  council  for  the  good 
government  of  the  city ;  such  policemen  shall  serve  for  a  term 
of  one  year.  Special  policemen  may  be  appointed  for  such 
times  and  in  such  numbers  as  may  be  prescribed  by  ordi- 
nance. 

Sec.  ^y .  The  manner  of  appointing  the  assistant  mar- 
shal and  all  policemen  of  the  city,  as  well  as  the  duties  of  the 
same,  shall  be  defined  by  ordinance. 

Sec,  38.  The  assistant  marshal  and  policemen  of  the 
city  shall  have  the  same  powers  as  the  marshal  relative  to  the 
arrest  and  commitment  of  all  offenders  against  the  laws  of  the 
city. 

Sec.  39.  The  marshal  shall,  in  the  discharge  of  his  duty,  be 
subject  to  the  orders  of  the  mayor  only  ;  the  assistant  marshal  and 
policemen  shall  in  the  discharge  of  their  duties,  be  subject  to 
the  orders  of  the  mayor  and  maishal  only.  The  marshal,  assistant 
marshal  and  policemen  shall  have  power  to  serve  and  execute 
all  warrants,  subpoenas,  writs,  or  other  process,  issued  by  the 
police  judge  of  the  city,  at  any  place  within  the  limits  of  the 
county  within  which  the  city  is  located.  The  marshal,  assistant 
marshal  and  all  policemen  of   the   city   shall   be   conservators  of 


CHARTER.  29 

the  peace,  and  shall  be  active  and  vigilant  in  the  preservation 
of  good  order  within  the  city. 

Sec.  40.  The  council  shall,  by  ordinance,  provide  for 
the  removal  of  any  marshal,  assistant  marshal  or  policeman 
guilty  of  misbehavior  in  office. 

Sec.  41.  The  police  judge  shall  be  a  conservator  of  the 
peace,  and  shall  have  exclusive  original  jurisdiction  to  hear  and 
determine  all  offenses  against  the  ordinances  of  the  city;  and 
no  change  of  venue  shall  be  granted  or  taken  in  any  trial  before 
the  police  judge  for  the  violation  of  any  city  ordinance.  He  shall 
keep  a  docket,  in  which  he  shall  enter  every  case  commenced 
before  him,  and  the  proceedings  therein ;  and  he  shall  deliver 
said  docket  and  all  books  and  papers  pertaining  to  his  office  to 
his  successor  in  office.  If  the  police  judge  be  absent,  sick  or 
disqualified  from  acting,  the  mayor  shall  designate  a  justice  of 
the  peace  of  the  said  city  to  act  as  police  judge  until  such 
absence  or  disqualification  shall  cease:  Provided,  however, 
that  should  a  vacancy  happen  in  the  office  of  police  judge  at  a 
greater  time  than  six  months  before  a  general  municipal  elec- 
tion, then  a  special  election  shall  be  held  to  fill  such  vacancy  ; 
and  in  case  of  vacancy  in  said  office  of  police  judge  within  less 
than  six  months  of  a  general  municipal  election,  the  same  shaU 
be  filled  by  some  justice  of  the  peace  or  other  competent,  eligi- 
ble person  of  the  city,  to  be  appointed  by  the  mayor. 

Sec.  42.  The  council  shall  provide,  at  the  expense  of  the 
city,  a  suitable  court-room  for  the  police  judge,  and  he  shall 
hold  his  court  in  such  court-room,  and  his  court  shall  be  open 
every  day  but  Sunday. 

Sec.  43.  All  prosecution  for  violations  of  any  city  ordi- 
nance shall  be   entitled    "the   city   of  against ," 

naming  the  city  and  the  person  or  persons  charged  ;  and  the 
police  judge  shall  state  in  his  docket  the  name  of  the  complain- 
ant, the  nature  or  character  of  the  offense,  the  date  of  the  trial, 
the  names  of  all  witnesses  sworn  and  examined,  the  finding  of 
the  court  or  jury,  the  judgment  or  fine  and  costs,  ♦:he  date  of 
payment,  if  any,  the  date  of  issuing  commitment,  if  any,  and  all 


30  CHARTER. 

Other  facts  necefsary  to  show  the  full  proceedings  in  each  case. 
The  complaint,  when  made  by  marshal,  assistant  marshal,  or 
any  policeman,  against  any  person  arrested  without  process  and 
in  custody,  shall  be  in  writing  and  sworn  to  before  a  warrant  be 
issued  for  his  arrest.  In  no  case  shall  a  judgment  of  conviction 
be  rendered  except  upon  sufificient  legal  testimony  given  in  a 
public  trial,  or  upon  a  plea  of  guilty  made  in  open  court 

Sec.  44.  All  warrants  issued  by  the  police  judge  shall  be 
directed  to  the  city  marshal,  and  such  warrants  may  be  executed 
by  the  marshal,  assistant  marshal  or  any  policeman,  at  any 
place  within  the  county  in  which  the  city  is  located.  In  case  of 
the  absence  of  the  ofificer  from  the  court,  the  police  judge  may 
deputize  some  person  to  execute  any  process  issued  by  him. 

Sec.  45.  When  any  person  shall  be  arrested  and  brought 
before  the  police  judge,  it  shall  be  the  duty  of  the  police  judge 
to  hear  and  determine  forthwith  the  complaint  alleged  against 
the  defendant,  unless  for  good  cause  the  trial  be  postponed  to 
a  time  certain,  in  which  case  he  shall  require  the  defendant  to 
enter  into  recognizance,  with  sufficient  security,  conditioned 
that  he  will  appear  before  said  police  judge  at  the  time  and 
place  appointed,  then  and  there  to  answer  the  complaint  alleged 
against  him;  and  if  he  fail  or  refuse  to  enter  into  such  recogniz- 
ance, the  defendant  shall  be  committed  to  prison  and  held  to 
answer  such  complaint  as  aforesaid.  Defendants  shall  be  enti- 
tled to  a  trial  by  jury,  as  in  prosecutions  before  justices  of  the 
peace. 

Sec.  46.  In  case  of  the  breach  of  any  recognizance  en- 
tered into  as  aforesaid,  the  same  shall  be  deemed  and  declared 
forfeited,  and  the  mayor  shall  cause  the  same  to  be  prosecuted 
against  the  principal  and  surety,  or  either.  Such  action  shall 
be  in  the  name  uf  the  city  as  plaintiff,  and  may  be  prosecuted 
in  the  circuit  court  on  the  transcript  of  the  proceedings  before 
the  police  judge,  and  all  moneys  recovered  in  any  such  action 
shall  be  paid  over  to  the  city  treasury  to  the  general  revenue 
fund  of  the  city. 

Sec.  47.      Complaints  filed  in  the  court  of  the  police  judge 


CHARTER.  31 

may  include  any  number  of  persons  charged  with  the  same  of- 
fense, and  no  pleadings  shall  be  dismissed  or  defendant  dis- 
charged by  reason  cf  any  informality  or  irregularity  in  any  com- 
plaint; but  such  complaint  may,  by  leave  of  court,  at  any  time 
before  or  during  the  trial,  prior  to  the  retirement  of  the  jury  or 
the  finding  of  the  police  judge,  be  amended,  without  prejudice 
to  the  proceedings. 

Sec.  48.  The  police  judge  shall  be  ex  o-jjicio  a  justice  of 
the  peace  within  the  limits  of  the  city,  with  jurisdiction  as  to 
crimes  and  misdemeanors,  but  shall  have  no  jurisdiction  to  hear 
or  determine  civil  matters.  The  marshal  (or  in  his  absence 
the  assistant  marshal  or  any  regular  policeman)  shall  h^  ex  officio 
a  constable  to  wait  upon  the  police  judge  when  acting  as  a  jus- 
tice of  the  peace. 

Sec.  49.  If,  in  the  progress  of  any  trial  before  the  police 
judge,  it  shall  appear  that  the  accused  ought  to  be  put  upon 
his  trial  for  an  offense  against  the  criminal  laws  of  the  State  and 
not  cognizable  before  him  as  a  police  judge,  he  shall  immedi- 
ately stop  all  further  proceedings  before  him  as  police  judge, 
and  shall  cause  the  complaint  to  be  made  before  himself  as  a 
justice  of  the  peace,  or  before  some  other  justice  of  the  peace, 
and  the  accused  shall  thereupon  be  proceeded  against  in  the 
manner  provided  by  general  law.  The  police  judge  and  mar- 
shal, when  acting  as  justice  of  the  peace  and  constable  respect- 
ively, shall  be  entitled  to  receive  therefor  the  same  fees  allowed 
by  law  for  such  services. 

Sec.  50-  When  a  trial  shall  be  continued  by  the  police 
judge,  it  shall  not  be  necessary  to  summon  any  witness  who  may 
be  pi  esent  at  the  continuance ;  but  the  police  judge  shall  ver- 
bally notify  such  witnesses  as  either  party  may  require  to  attend 
before  him  on  the  day  set  for  trial  to  testify  in  the  case,  and 
enter  the  names  of  such  witnesses  on  his  docket,  which  verbal 
notice  shall  be  as  valid  as  a  summons. 

Sec.  5^-  It  shall  be  the  duty  of  the  police  judge  to  sum- 
mon all  persons  whose  testimony  may  be  deemed  essential  as 
witnesses  at  any  trial  before  him,  and  to  enforce  their  attendance 


32  CHARTER. 

by  attachment  if  necessary.  The  fees  of  witnesses  and  jurors  in 
the  police  court  shall  be  determined  by  ordinance. 

Sec.  52.  If  the  defendant  plead  or  be  found  guilty,  the 
police  judge  shall  declare  and  assess  the  punishment  prescribed 
by  ordinance,  according  to  his  f.nding  or  the  verdict  of  the  jury, 
and  render  judgment  accordingly  and  for  costs  of  suit,  and  that 
the  defendant  stand  committed  until  judgment  is  complied 
with. 

Sec.  53.  Any  person  who  has  been  convicted  in  the 
police  court  and  sentenced  by  the  police  judge,  for  violation  of 
any  ordinance  of  the  city,  whether  the  punishment  be  by  fine  or 
imprisonment,  or  by  both,  may  be  put  to  work  and  required  to 
work  and  required  to  perform  labor  on  the  public  streets,  high- 
ways and  alleys,  or  other  public  works  or  building  of  the  city, 
and  the  marshal,  street  commissioner  or  other  proper  ofificer  of 
the  city  shall  have  power  and  be  authorized  and  required  to  have 
or  cause  all  such  prisoners  to  work  out  the  full  number  of  days 
for  which  they  have  been  sentenced,  at  breaking  rock,  or  at 
working  upon  public  streets,  highways  or  alleys,  or  other  pub- 
lic works  or  buildings  of  the  city  as  may  be  designated;  and  if 
the  punishment  is  by  fine,  and  the  fine  be  not  paid,  then  for 
every  dollar  of  such  judgment  the  person  shall  work  one  day. 
And  it  shall  be  deemed  a  part  of  the  judgment  and  sentence  of 
the  court  that  such  prisoner  may  be  worked  as  herein  pro- 
vided. 

Sec.  54.  And  defendant  committed  under  the  provisions 
of  this  act  may  be  discharged  on  the  payment  of  fine  and  costs, 
or  upon  perfecting  an  appeal  as  hereinafter  provided. 

Sec.  55,  In  all  cases  before  the  police  judge  arising  under 
the  ordinance  of  the  city,  an  appeal  may  be  taken  from  the 
judgment  of  the  police  judge  to  the  court  having  criminal  juris- 
diction, except  from  judgment  on  a  plea  of  guilty.  Such  ap- 
peals may  be  taken  by  either  the  city  or  the  defendant  or  de- 
fendants. Such  an  appeal  shall  be  taken  in  the  time  and  man- 
ner provided  by  the  statutes  in  relation  to  appeals  from  judg- 
ments  of  justices  of   the  peace  in  cases  of  misdemeanors ;   Pro- 


CHARTER.  33 

vided,  however,  that  the  city  shall  not  be  required  to  execute 
any  bond  Upon  such  appeal  the  appellate  court  shall  pro- 
ceed with  said  cause  in  the  same  manner  as  is  provided  in  cases 
of  appeal  from  judgments  of  justices  of  the  peace  in  cases  of 
misdemeanor;  and  judgments  of  affirmance,  dismissals  and 
upon  trials  may  be  rendered  and  enforced  as  provided  in  the 
statute  relating  to  misdemeanors. 

Sec.  56.  If,  upon  trial  before  the  police  judge,  or  the 
court  to  which  the  appeal  is  taken  from  the  police  judge,  it  ap- 
pears to  the  satisfaction  of  the  court,  or  the  jury  trying  the 
cause,  that  the  prosecution  was  malicious  or  without  probable 
cause,  the  court  shall  so  state  in  its  finding,  or  the  jury  in  its 
verdict,  and  the  court  shall  enter  judgment  for  costs  against  the 
prosecutor  or  party  at  whose  instance  the  complaint  was  made, 
and  shall  issue  execution  therefor.  The  city  shall  in  no  event 
be  held  liable  for  any  costs  or  fees  to  any  police  judge  or  mar- 
shal in  any  cause  tried  before  the  police  judge  of  such  city  un- 
less the  defendant  be  convicted  and  committed. 

Sec.  57.  The  police  judge  shall  have  power  to  administer 
oaths  and  enforce  due  obedience  to  all  orders,  rules  and  judg- 
ments made  by  him,  and  may  fine  or  imprison  for  contempt  of 
fered  to  such  judge  while  holding  court,  in  the  same  manner 
and  to  the  same  extent  as  the  circuit  court. 

Sec.  58.  The  police  judge  shall,  within  the  first  three  days 
of  every  month,  make  out  a  list  of  all  the  cases  heard  or  tried 
before  him  during  the  preceding  month,  giving  in  each  case 
the  name  uf  the  defendant,  the  fine  imposed,  if  any,  the  amount 
of  costs,  the  names  of  the  defendants  committed  and  the  cases 
appealed  respectively.  Such  police  judge  shall  verify  such  lists  and 
statements  by  affidavit  before  the  city  clerk,  and  file  the  same 
forthwith  with  the  city  clerk,  who  shall  lay  the  same  before  the 
council  at  its  first  session  thereafter.  The  marshal  shall  within 
the  three  days  aforesaid,  pay  to  the  city  treasurer  the  fuL 
amount  of  fines  collected  by  him  during  the  preceding  month. 
He  shall  take  from  the  city  treasurer  duplicate  receipts  for  the 
amount   of    fines,    one  of  which  he  shall  file  with  the  city  clerk. 


^4  CHARTER. 

Sec.  59.  It  shall  be  the  duty  of  the  city  attorney  to 
prosecute  and  defend  all  actions  originating  or  pending  in  any 
court  in  this  State  to  which  the  city  is  a  party,  or  in  which  the 
interests  of  the  city  are  involved,  and  shall,  generally,  perform 
all  legal  services  required  in  behalf  of  the  city.  In  any  com- 
plaint made  before  the  police  judge,  the  city  attorney  may,  if  in 
his  judgment  the  interests  of  the  city  demands  it, require  thecom- 
plainant,  or  party  at  whose  instance  the  complaint  is  made,  to 
to  give  security  for  costs,  to  be  approved  by  the  police  judge, 
before  proceeding  further  with  the  case. 

Sec.  60.  In  any  suit  or  action  at  law  or  in  equity  brought 
by  or  against  the  city,  except  in  prosecutions  begun  before  the 
police  judge,  the  city  council  may,  by  resolution  employ  an  at- 
torney or  attorneys,  and  pay  him  or  them  a  reasonable  fee 
therefor:  Provided,  that  any  city  may,  by  ordinance,  provide 
for  the  ofifice  of  city  counselor  and  his  duties  and  compensation. 
Such  city  counselor,  when  so  provided  for,  shall  represent  the 
city  in  all  cases  in  the  criminal  and  circuit  courts,  the  Kansas 
City  court  of  appeals  and  the  St.  Louis  court  of  appeals,  and 
the  supreme  court ;  shall  draft  all  ordinances  and  contracts  and 
all  legal  forms  of  every  kind,  and  give  legal  advice  to  the  coun- 
cil and  other  officers  of  the  city,  and  perform  such  other  duties 
as  shall  be  prescribed  by  ordinance  or  shall  be  ordered  by  the 
council  or  the  mayor.  In  any  city  where  there  is  a  city 
counselor,  the  duties  of  the  city  attorney  shall  be  such  as  may 
be  prescribed  by  ordinance. 

Sec.  61.  In  assessing  property,  both  real  and  personal, 
in  cities  of  the  third  class,  the  city  assessor  shall,  jointly  with 
the  county  assessor,  assess  all  property  in  such  city,  and  such 
assessment,  as  made  by  the  city  and  county  assessor  jointly, 
and  after  the  same  has  been  passed  upon  by  the  board  of  equal- 
ization, as  hereinafter  provided  for,  shall  be  taken  as  the  basis 
from  which  the  city  council  shall  make  the  levy  for  city  pur- 
poses ;  and  for  the  purpose  of  giving  cities  of  the  third  class 
representation  on  the  county  board  of  equalization,  when  said 
board  is  sitting  for  the  purpose  of  equalizing  the  assessment   on 


CHARTER.  35 

such  city  property,  the  mayor  and  city  assessor  shall  sit  with 
the  county  board  of  equalization  when  the  said  board  is 
passing  upon  the  assessment  of  such  city  property,  and  shall 
each  have  a  vote  in  said  board,  and  they  shall  be  paid  for  such 
service  the  same  amount  per  day  and  out  of  the  same  fund  as 
other  members  of  such  board  of  equalization.  The  assessment 
of  city  property  as  made  by  the  city  and  county  assessor  shall 
conform  to  each  other,  and  after  such  board  of  equalization  has 
passed  upon  such  assessment  and  equalized  the  jjame,  the  city 
assessors  books  shall  be  corrected  in  red  ink  in  accordance  with 
the  changes  made  by  the  board  of  equalization,  and  so  certified 
by  said  board,  and  then  returned  to  the  city  council:  Provided, 
that  for  the  year  1893  the  city  tax  levy  shall  be  based  upon  a 
certified  transcript  of  the  county  assessment  lists,  as  provided  in 
sections  1545,  1546  and  1547,  Revised  Statutes,  1889,  made 
out  and  furnished  by  the  county  clerk,  who  shall  be  paid  there- 
for by  the  city  council. 

Sec.  62.  Upon  the  first  day  of  January  of  each  year  all 
unpaid  city  taxes  shall  become  delinquent,  and  the  taxes  upon 
real  property  are  hereby  made  a  perpetual  lien  thereon  ag;iinst 
all  persons  in  favor  of  the  city.  The  enforcement  of  all  taxes 
authorized  by  this  act  shall  be  made  in  the  same  manner  and 
under  the  same  rules  and  regulations  as  are  or  may  be  provided 
by  law  for  the  collection  and  enforcement  of  the  payment  of 
State  and  county  taxes,  including  the  seizure  and  sale  of  goods 
and  chattels,  both  before  and  after  said  taxes  shall  become  de- 
linquent: Provided,  that  all  suits  for  the  collection  of  city  taxes 
shall  be  brought  in  the  name  of  the  State,  at  the  relation  and 
to  the  use  of  the  city  collector. 

Sec.  63.  It  shall  be  the  duty  of  the  council  to  require  the 
collector  annually,  on  the  first  meeting  of  the  council  in  April  of 
each  year,  or  as  soon  thereafter  as  may  be,  to  make  out,  under 
oath,  lists  of  delinquent  taxes  remaining  due  and  uncollected  for 
each  year,  to  be  known  as  the  "land  and  lot  delinquent  list" 
and  the  "personal  delinquent  list.''  It  shall  be  the  duty  of  the 
council   at  the  meeting  at  which  said  delinquent  list  shall  be  re- 


36  CHARTER. 

turned,  or  as  soon  as  may  be  thereafter,  to  carefully  examine 
the  same;  and  if  it  shall  appear  that  all  property  arrd  taxes  con- 
tained in  said  lists  are  properly  returned  as  delinquent,  the  coun- 
cil shall  approve  the  same  and  cause  a  record  thereof  to  be  en- 
tered on  the  journal,  and  cause  the  amount  thereof  to  be  cred- 
ited to  the  account  of  the  c  ty  collector.  The  city  council  shall 
cau-^e  the  lot  and  land  delinquent  list  and  the  personal  delin- 
quent list  to  be  returned  to  the  city  collector,  who  shall  be 
charged  therewith,  and  who  shall  proceed  to  collect  the  same  in 
the  same  manner  and  under  the  same  regulations  as  are  or  may  be 
provided  by  law  for  the  collection  of  delinquent  lists  of  real  and 
personal  taxes  for  State  and  county  purposes:  Provided,  that 
all  suits  for  the  collection  of  city  taxes  shall  be  brought  in  the 
name  of  the  State,  at  the  relation  and  to  the  use  of  the  city  col- 
lector. 

Sec.  64.  The  city  collector  shall  report  to  the  city  coun- 
cil, at  the  regular  meetings  of  each  month,  all  taxes  collected 
on  the  real  and  personal  delinquent  lists;  and  he  shall  pay  the 
same  to  the  city  treasurer,  and  receive  credit  therefor.  He 
shall  turn  over  to  his  successor  all  uncollected  delinquent  lists, 
receiving  credit  therefor,  and  his  successor  shall  be  charged 
therewith  :  Provided,  ihat  the  city  council  may  declare  worth- 
less any  and  all  personal  delinquent  taxes  which  the  council 
may  deem  uncollectable. 

Sec.  65,  The  city  council  shall,  within  a  reasonable  time 
after  the  assessor's  books  of  each  year  are  returned,  ascertain 
the  amount  of  money  to  be  raised  thereon  for  general  and 
other  purposes,  and  fix  the  annual  rate  of  levy  therefor  by  or- 
dinance. 

Sec.  66  When  the  council  shall  have  fixed  the  rate  of 
taxation  for  any  given  year,  the  city  clerk  shall  make  out  ap- 
propriate and  accurate  tax-books,  and  shall  therein  set  out  in 
suitable  columns  opposite  the  name  of  each  person  and  item  of 
taxable  property,  as  returned  by  the  assessor  and  board  of 
equalization,  the  amount  of  taxes,  whether  general  or  special, 
due  thereon,  and  shall  charge  the  collector  with  the  full  amount 


CHARTER.  37 

of  taxes  levied  and  to  be  collected  ;  the  clerk  shall  also  charge 
the  city  collector  with  all  licenses  and  other  duties  of  all  kinds 
to  be  collected. 

Sec.  6'J .  It  shall  be  the  duty  of  the  city  collector  to  pay 
into  the  treasury,  monthly,  all  moneys  received  by  him  from 
all  sources,  which  maybe  levied  by  law  or  ordinance;  also,  all 
licenses  of  every  description  authorized  by  law  to  be  collected, 
and  all  moneys  belonging  to  the  city  which  may  come  into  his 
hands.  He  shall  give  such  bond  and  perform  such  duties  as 
may  be  required  of  him  by  ordinance. 

Sec  68.  The  city  council  shall,  from  time  to  time,  pro- 
vide by  ordinance  for  the  levy  and  collection  of  all  taxes, 
licenses,  wharfage  and  other  duties  not  herein  enumerated,  and 
for  neglect  or  refusal  to  pay  the  same  shall  fix  such  penalties  as 
are  now  or  may  hereafter  be  authorized  by  law  or  ordinance. 

Sec.  69.  The  city  council  shall  have  the  power  to  levy, 
annually,  a  poll-tax,  not  exceeding  two  dollars,  upon  each  able- 
bodied  male  citizen  between  the  ages  of  twenty-one  and  fifty 
years,  who  shall  have  been  a  resident  of  the  city  for  thirty  days 
next  preceding  the  levy  of  said  poll-tax,  and  said  poll  tax 
shall  be  collected  by  the  collector  as  personal  taxes  are 
collected. 

Sec.  70.  The  council  shall  have  the  power  to  levy,  an- 
nually, taxes  upon  all  taxable  property  within  the  city,  in 
addition  to  other  taxes,  and  in  suflficient  amount  for  the  pur- 
pose of  paying  the  interest  and  coupons  as  they  become  due  on 
all  bonds  now  issued  and  outstanding,  and  such  taxes  shall  be 
collected  in  the  same  manner  and  time  as  other  taxes.  The 
mayor  and  council  shall  also  have  the  power,  by  ordinance,  to 
issue  bonds,  payable  in  one  year,  to  an  amount  not  exceeding 
half  the  current  revenue  for  the  fiscal  year,  and  also  to  issue 
bonds  in  renewal  of  other  bonds  of  the  city  maturing  for  the 
requisite  amount,  and  which  the  city  has  no  funds  to  pay : 
Provided,  however,  that  such  renewal  bonds  shall  not  bear  any 
greater  rate  of  interest  than  did  the  original  bonds,  and  shall 
not    run    for  a   longer   time  than   ten   years.      The    mayor    and 


^^ 


CHARTER. 


council 


il  shall  also  have  power  by  ordinance  to  issue  bonds  for  the 
purpose  of  funding  the  floating  indebtedness   of  the   city  exist- 
ing  at    the  time   of    its  incorporation   as   a   city  of    the    third 
class:     Provided,  however,  that  such  bonds  shall  not  draw  any 
;,    tcr  rate  of  interest  than  six  per  cent     per  annum,   payable 
>:;:!-anniiall\,  and   shall   not   run   for  a   longer   time   than    ten 

ycar> 

Si:c.  71.  In  case  the  corporate  authorities  of  the  city  have 
attempted  to  levy  any  tax  or  assessment  for  improvements,  or 
for  the  payment  of  interest  or  coupons  on  bonds  issued  and  out- 
standing, or, other  evidences  of  debt,  vvhich  tax  or  assessment 
may  be  informal,  illegal  or  void  in  consequence  of  a  failure  to 
comply  with  the  requirements  of  law,  the  council  shall  have 
power  to  relevy  and  reassess  any  such  tax  or  assessment,  in 
manner  provided  in  this  act. 

Six.  72.  The  council  shall  have  power  to  levy  and  all 
merchants  shall  pay  the  city  collector,  an  ad  valorem  tax  equal 
to  that  which  is  levied  upon  real  estate;  the  amount  of  which  tax 
shall  be  determined  and  ascertained  in  the  same  way  as  the  State 
and  county  tax  is  determined  and  ascertained ;  and  the  collector 
shall  have  power  to  enforce  the  payment  of  the  same  by  seizure 
and  sale,  as  in  the  collection  of  other  taxes. 

SliC.  "Jl.  All  license  tax  shall  be  regulated  by  ordinance, 
and  no  license  shall  be  issued  until  the  amount  prescribed  there- 
for shall  be  paid  to  the  city  collector,  and  no  license  shall  in  any 
case  be  assigned  or  transferred.  Licenses  shall  be  signed  by 
the  mayor  and  clerk,  and  countersigned  by  the  collector,  and 
the  clerk  shall  affix  the  corporate  seal  of  the  city  thereto. 

Skc.  74.  The  city  council  shall  have  no  power  to  relieve 
any  person  from  the  payment  of  any  tax,  or  exempt  any  per- 
son from  any  burden  imposed  by  law. 

Sec.  75.  The  city  council  shall  have  power,  at  its  regu- 
lar meetings  in  July  of  each  year,  to  receive  sealed  proposals  for 
the  custody  of  the  city  funds  from  any  banking  corporation,  as- 
sociation or  individual  banker  doing  business  within  the  city 
that  may  desire  to  be  selected  as  the  depository  of  the  funds  of 


CHARTER.  39 

the  city.  Noti:e  that  such  bids  will  be  received  shall  be  pub- 
lished by  the  city  clerk,  not  less  than  one  nor  more  than  four 
weeks  before  such  meeting,  in  some  newspaper  published  in  the 
city.  Any  banking  corporation,  association  or  individual 
banker  doing  business  in  the  city  desiring  to  bid  shall  deliver  to 
the  city  clerk  on  or  before  the  day  of  such  meeting,  a  sealed 
proposal  stating  the  rate  percent,  upon  daily  balances  that  such 
banking  corporation,  association,  or  individual  banker  offers  to 
pay  to  the  city  for  the  privilege  of  being  made  the  depository  of 
the  funds  of  the  city  for  the  year  next  ensuing  the  date  of  such 
meeting;  or,  in  the  event  that  said  selection  shall  be  made  for 
a  less  term  than  one  year,  as  hereinafter  provided,  then  for  the 
time  between  the  date  of  said  bid  and  the  next  regular  time  for 
the  selection  of  a  depository,  as  aforesaid.  It  shall  be  a  misde- 
meanor for  the  city  clerk  or  other  person  to  directly  or  indirectly 
disclose  the  amount  of  any  such  bid  to  any  person  or  persons 
before  the  selection  of  such  depository. 

Sec.  J^.  Upon  the  opening  of  the  sealed  proposals  sub- 
mitted, the  city  council  shall  select  as  the  depository  of  the  funds 
of  the  city  the  banking  corporation,  association  or  individual 
banker,  offering  to  pay  to  the  city  the  largest  amount  for  such 
privilege :  Provided,  however,  the  council  shall  have  the  right 
to  reject  any  and  all  bids.  Within  five  days  after  the  selection 
of  such  depository,  it  shall  be  the  duty  of  the  banking  corpora- 
tion, association  or  individual  banker  so  selected  to  execute  a 
bond  payable  to  the  city,  to  be  approved  by  the  mayor  and 
filed  with  the  city  clerk,  with  not  less  than  three  solvent  sureties, 
who  shall  own  unencumbered  real  estate  in  the  State  of  as  great 
value  as  the  amount  of  said  bond — the  penalty  of  said  bond  to 
be  at  least  double  the  revenues  of  the  city  for  anyone  year,  and 
conditioned  for  the  faithful  performance  of  all  the  duties  and 
obligations  devolving  by  law  or  ordmance  upon  said  depository, 
and  for  the  payment  upon  presentation  of  all  checks  drawn  upon 
said  depository  by  the  city  treasurer,  whenever  any  funds  shall 
be  in  said  depository  applicable  to  the  payment  of  said  check, 
and  all  funds  of  the  city  shall  be  faithfully  kept  by  said  deposi- 


40  CHARTER. 

tory  and  accounted  for  according  to  law  ;  and  for  a  breach  of 
said  bond,  the  city,  or  any  person  injured,  may  maintain  an 
action  in  the  name  of  the  city  to  the  use  of  the  person  in- 
jured thereby. 

Six.  TT .  As  soon  as  said  bond  shall  be  given  and  ap- 
proved, an  order  shall  be  made  by  the  council  designating  said 
banking  corporation,  association  or  individual  banker  as  the 
depository  of  the  funds  of  the  city  until  the  time  fixed  by  this 
act  for  another  selection,  and  such  order  shall  be  entered  upon 
the  journal,  Thereupon  it  shall  be  the  duty  of  the  city  treas- 
urer, immediately  upon  the  making  of  said  order,  to  transfer  to 
said  depository  all  the  funds  in  his  hands  belonging  to  the  city, 
and  immediately  upon  the  receipt  of  any  money  thereafter  he 
shall  depoi;it  the  same  with  said  depository  to  the  credit  of  the 
city ;  and  for  each  and  every  failure  to  make  such  deposit  the 
treasurer  and  his  bondsmen  shall  be  liable  to  said  depository  for 
ten  per  cent,  per  month  upon  the  amount  not  so  deposited,  to 
be  recovered  by  civil  action  in  any  court  of  competent  jurisdic- 
tion. If  any  banking  corporation, association  or  individual  banker, 
after  having  been  selected  as  such  depository,  shall  fail  to  give 
said  bond  within  the  time  provided  by  this  act, then  the  selection 
of  such  banking  corporation,  association  or  individval  banker  as 
the  depository  of  the  city  funds  shall  be  set  aside  and  be  null  and 
void,  and  the  city  council  shall,  after  notice  published  in  the  man- 
ner hereinbefore  provided,  proceed  to  receive  new  bids  and  select 
other  depository. 

Sec.  78.  It  shall  be  the  duty  of  the  city  treasurer,  upon 
the  presentation  to  him  of  any  warrant  drawn  by  the  proper  au- 
thority, if  there  shall  be  money  enough  in  the  depository  be- 
longmg  to  the  fund  upon  which  said  warrant  is  drawn  and  out 
of  which  the  same  is  payable,  to  draw  his  check  as  city  treasurer 
upon  the  city  depository  in  favor  of  the  legal  holder  of  said  war- 
rant, and  to  take  up  said  warrant  and  charge  the  same  to  the 
fund  upon  which  it  is  drawn;  but  in  no  case  shall  the  city  treas- 
urer draw  any  check  upon  any  fund  in  the  city  depository  un- 
less  there  is  sufficient  money  belonging  to  the  fund  upon  which 


CHARTER.  41 

said  warrant  is  drawn  to  pay  the  same.  No  money  belonging 
to  the  city  shall  be  paid  out  of  the  city  depository  except  upon 
the  checks  of  the  city  treasurer ;  and  all  such  checks  shall  be 
payable  by  said  depository  at  its  place  of  business  in  the  city. 
In  case  any  bonds  or  coupons  or  other  indebtedness  of  the  city 
are  payable,  by  the  terms  of  such  bonds,  coupons  or  other  indebt- 
edness, at  any  particular  place  other  than  the  city  treasury, 
nothing  herein  contained  shall  prevent  the  city  council  from 
causing  the  treasurer  to  place  a  sufficient  sum  at  the  place 
where  such  bonds,  corpons  or  other  indebtedness  shall  be  pay- 
able at  the  time  of  their  maturity,  to  meet  the  same. 

Sec.  79.  If,  for  any  reason,  no  selection  of  a  deposi- 
tory is  made  at  the  time  fixed  by  this  act,  the  city  council  may, 
at  any  subsequent  meeting,  after  notice  published  as  hereinbe- 
fore provided,  receive  bids  and  select  a  depository  in  the  man- 
ner herein  set  out,  and  the  banking  corporation,  association  or 
individual  banker,  so  selected  shall  remain  the  depository  until 
the  next  regular  term  for  the  selection  of  a  depository,  unless 
the  order  selecting  it  be  revoked  for  the  causes  specified  in  this 
act.  If  the  city  council  shall  at  any  time  deem  it  necessary  for 
the  protection  of  the  city,  it  may,  by  resolution,  require  the  de- 
pository to  execute  a  new  bond,  and  upon  failure  to  do  so 
within  five  days  after  the  service  of  a  copy  of  the  resolution  on 
said  depository,  the  city  council  may  proceed  to  select  another 
depository  in  the  manner  hereinbefore  provided.  The  city 
treasurer  shall  not  be  responsible  for  the  any  loss  of  city  funds 
through  negligence,  failure  or  wrongful  act  of  such  depository, 
but  nothing  in  this  act  shall  relieve  said  treasurer  from  responsi- 
bility for  any  loss  resulting  from  any  official  misconduct  on  his 
part,  or  from  responsibility  for  the  funds  of  the  city  at  any  time 
when,  for  any  reason,  there  shall  be  no  city  depository,  or  un- 
til a  depository  shall  be  selected  and  the  funds  deposited  therein, 
or  tor  any  misappropriation  of  such  funds  in  any  manner  by 
him. 

Sec.  80.  No  check  shall  be  drawn  upon  the  city  deposi- 
tory by  the  treasurer,  except  on  a  warrant  signed  by  the  mayor 


4- 


CllARTER. 


and  attested  by  the  clerk.  No  warrant  shall  be  drawn  upon  the 
treasurer,  nor  shall  any  ordinance  be  passed  appropriating  money, 
unless  there  be  an  unexpended  balance  to  the  credit  of  the  city 
in  the  fund  upon  which  such  warrant  is  drawn  to  meet  such  war- 
rant, or  a  sufficient  sum  of  unappropriated  money  in  the  fund 
upon  which  such  ordinance  [warrant]  is  drawn  to  meet  such 
ordinance  [warrant].  Every  bill  that  contemplates  the  pay- 
ment of  money  shall,  upon  its  second  reading,  be  referred  to  the 
treasurer  lor  his  endorsement,  to  the  effect  that  a  sufificient  sum 
stands  to  the  credit  of  the  city,  unappropriated,  in  the  fund  cov- 
ered by  such  ordinance,  to  meet  the  requirements  of  such  bill; 
and  it  shall  be  a  misdemeanor  for  any  councilman  to  vote  for 
the  passage  of  any  such  ordinance  without  the  aforesaid  endorse- 
ment of  the  treasurer  thereon.  Ihe  treasurer  shall  report  to 
the  council  on  or  before  the  first  day  in  July  in  each  year  the 
amount  of  receipts  and  expenditures  of  the  treasury,  the  amount 
ol  money  on  hand,  and  the  amount  of  bonds  falling  due  for  the 
redemption  of  which  provision  must  be  made;  also,  the  amount 
of  interest  to  be  paid  during  the  next  fiscal  year.  He  shall 
also  perform  such  other  duties  in  the  line  of  his  ofifice  as  may 
be  required  of  him  by  ordinance. 

Skc.  8i.  Whenever  there  shall  be  in  th'^'  treasury  any 
money  belonging  to  any  sinking  fund  of  any  city  of  the  third 
class  which  cannot  be  applied  to  the  payment  of  existing  debts 
for  which  such  fund  has  been  levied  and  collected,  the  city  coun- 
cil may  provide  by  ordinance  for  loaning  the  same  at  the  high- 
est rate  of  interest  that  can  be  obtained,  not  exceeding  eight  nor 
less  than  six  per  cent,  per  annum,  payable  annually,  the  same 
to  be  loaned  upon  improved  real  estate  in  the  county  in  which 
such  city  is  situated,  and  for  such  time  as  such  money  cannot 
be  applied  to  the  payment  of  the  debt  for  which  it  was  levied 
and  collected  ;  no  loan  shall  be  for  more  than  fifty  per  cent,  of 
the  value  of  the  property  given  as  security,  and  shall  be  secured 
by  a  deed  of  trust  on  the  same,  and  any  such  lands  so  taken  as 
security  shall  be  free  from  all  liens  or  incumbrances.  In  addi- 
tion to  the  security  above  provided  for,  the  city   may   require  a 


CHARTER.  43 

bond  with  good  and  sufficient  securities,  and  no  loan  shall  be 
made  to  any  person  not  an  inhabitant  of  the  county  in  which 
such  city  is  situated,  nor  shall  any  person  be  accepted  as  security 
who  is  not  at  the  time  a  resident  of  the  county  in  which  such 
city  is  situated,  and  who  does  not  own  property  equal  in  value 
to  the  sum  for  which  he  is  security  and  free  from  all  debts  and 
encumbrance,  and  exempt  from  execution  and  attachment.  Be- 
fore any  loan  is  made  on  such  real  estate  security,  the  party  ap- 
plying therefor  shall  file  with  the  city  clerk  a  complete  abstract 
of  title  to  the  land  offered  as  security,  and  no  loan  shall  be  made 
on  any  land  to  which  the  title  is  not  good.  All  bonds  executed 
by  persons  receiving  such  loans  shall  be  made  payable  to  the 
city,  and  shall  specify  the  time  when  the  principal  is  payable, 
also  state  the  rate  of  interest  and  the  time  when  payable  ;  that 
in  default  of  payment  when  due,  or  failure  by  principal  in  the 
bond  to  give  additional  security  when  the  circumstances  shall 
require  it,  both  the  principal  and  all  accrued  interest  shall  be- 
come immediately  due  and  payable,  and  that  all  interest  not 
punctually  paid  shall  become  as  principal  and  bear  the  same  rate 
of  interest  as  the  principal.  The  city  council  shall  have  power 
from  time  to  time  to  require  additional  security  to  be  given  on 
said  bond  when,  in  their  judgment,  it  is  deemed  necessary.  If 
such  security  shall  not  be  given  within  ten  days  after  an  order 
to  that  effect  is  made  by  the  council,  and  a  copy  of  said  order 
served  upon  the  borrower,  and  in  all  cases  where  default  is 
made  in  the  payment  of  the  interest,  the  council  shall  proceed 
to  enforce  the  payment  of  the  same  according  to  law ;  all  of 
which  shall  be  fully  provided  for  by  ordinance. 

Sec.  82.      The  style  of  the  ordinances  of  the  city  shall   be: 

"Be  it  ordained  by  the  council  of  the  city  of as  follows.' '   No 

ordinance  shall  be  passed  except  by  bill,  and  no  bill  shall  become 
an  ordinance  unless  on  its  final  passage  a  majority  of  the  mem- 
bers elected  to  the  council  shall  vote  therefor,  and  the  ayes  and 
nays  shall  be  entered  on  the  journal ;  and  all  bills  shall  be 
read  three  times  before  their  passage.  No  ordinance  shall  be  re- 
vived  or  re-enacted   by    mere   reference  to  the  title  thereof,  but 


CHARTER. 

the  same  shall  be  set  forth  at  length,  as  if  it  were  an  original 
ordinance.  No  bill  shall  become  and  ordinance  until  it  shall 
have  l^een  signed  by  the  officer  presiding  at  the  meeting  of  the 
council  at  which  it  shall  have  been  passed.  When  so  signed,  it 
shall  be  delivered  to  the  mayor  for  his  approval  and  signature, 
or  his  veto. 

Sec.  83.  Every  bill  duly  passed  by  the  council  and  pre- 
sented to  the  ma>or,  and  by  him  approved,  shall  become  an 
ordinance;  and  every  bill  presented  as  aforesaid,  but  returned 
with  his  objections  thereto,  shall  stand  reconsidered.  The  coun- 
cil shall  cause  the  objections  of  the  mayor  to  be  entered  at  large 
upon  the  journal,  and  proceed  at  its  convenience  to  consider  the 
question  pending,  which  shall  be  in  this  form:  "Shall  the  bill 
pass,  the  objections  of  tht  mayor  thereto  notwithstanding?" 
The  vote  on  this  question  shall  be  taken  by  ayes  and  nays  and 
the  names  entered  upon  the  journal,  and  if  two-thirds  of  all  the 
members-elect  shall  vote  in  the  af^rmative,  the  president  shall 
certify  the  fact  on  the  roll,  and  the  bill  thus  certified  shall  be  de- 
posited with  the  proper  ofificer,  and  shall  become  an  ordinance  in 
the  same  manner  and  with  like  effect  as  if  it  had  received  the  ap- 
proval of  the  mayor.  The  mayor  shall  have  power  to  sign  or 
veto  any  ordinance  passed  by  the  city  council :  Provided,  that 
should  he  neglect  or  refuse  to  sign  any  ordinance  and  return  the 
same  with  his  objections,  in  writing,  at  the  next  regular  meet- 
ing of  the  council,  the  same  shall  become  a  law  without  his  s  g- 
naturc. 

Sec.  84.  The  mayor  and  council  of  each  city  governed 
b)'  this  act  shall  have  the  care,  management  and  control  of  the 
city  and  its  finances,  and  shall  have  power  to  enact  and  ordain 
any  and  all  ordinances  not  repugnant  to  the  constitution  and 
laws  of  this  State,  and  such  as  they  shall  deem  expedient  for 
the  good  government  of  the  city,  the  preservation  of  peace  and 
good  order,  the  benefit  of  trade  and  commerce,  and  the  health 
of  the  inhabitants  thereof,  and  such  other  ordinances,  rules  and 
regulations  as  may  be  deemed  necessary  to  carry  such  powers 
into  effect,  and  to  alter,  modify  or  repeal  the  same. 


CHARTER.  45 

Sec.  85.  The  council  shall  enact  ordinances  to  prohibit 
and  suppress  houses  of  prostitution  and  other  disorderly  houses 
and  practices,  and  gambling  houses  and  all  kinds  of  public  in- 
decencies, and  may  prohibit  the  selling  or  giving  of  intoxicating 
liquors  to  any  minor  or  habitual  drunkard.  The  council  shall 
also  enact  ordinances  to  restrain  and  prohibit  riots,  noises,  as- 
saults, assaults  and  batteries,  petit  larceny,  disturbances  of  the 
peace,  disturbances  of  religious  and  other  lawful  assemblies,  in- 
decent shows,  exhibitions  or  concerts  in  any  street,  house  or 
place  in  the  city,  disorderly  assemblies,  and  to  regulate,  re- 
strain and  prevent  the  discharge  of  fire-arms,  and  the  keeping 
and  discharge  of  rockets,  powder,  fireworks  or  other  dangerous 
combustible  materials  in  the  streets  or  in  the  limits  of  the  city. 
The  city  council  may  also  regulate  and  control  the  construction 
of  buildings,  the  construction  and  cleaning  of  fire-places,  chim- 
neys, stoves  and  stove-pipes,  ovens,  boilers,  kettles,  forges,  or 
any  apparatus  used  in  any  building,  manufactory  or  business, 
which  may  be  dangerous  in  causing  or  promoting  fires,  and  may 
provide  for  the  inspection  of  the  same.  The  council  may  also 
prescribe  by  ordinance,  limits  within  which  no  building  shall  be 
constructed  except  of  brick  or  stone  or  other  incombustible  mater- 
ials, with  fire-proof  roofs,  and  impose  a  penalty  for  the  viola- 
tion of  such  ordinance,  and  may  cause  buildings  commenced, 
put  up  or  removed  into  such  hmits,  in  violation  of  such  ordinance, 
to  be  removed  or  abated.  The  council  may  also  purchase  fire 
engines,  hook  and  ladder  outfits,  hose  and  hose-carts,  buckets 
and  all  other  apparatus  useful  in  the  extinguishing  of  fires,  and 
organize  fire  companies,  and  prescribe  rules  of  duty  for  the  gov- 
ernment thereof,  with  such  penalties  for  the  violation  thereof  as 
they  may  deem  proper,  not  exceeding  one  hundred  dollars,  and 
to  make  all  necessary  expenditures  for  the  purchase  of  such  fire 
apparatus  and  the  payment  of  such  fire  companies. 

Sec.  86.  The  council  may  prescribe  limits  within  the  city 
within  which  no  lumber  yard  or  wood-yard  or  coal-yard  shall  be 
kept,  and  may  regulate,  restrain  or  prohibit  the  erection  or 
maintenance  of  any  fence  composed  in  whole  or  in  part  of  barbed 


46  CHARTER. 

wire  along  or  adjacent  to  any  public  street,  avenue,  alley,  park, 
cemetery  or  other  public  place.  The  council  may  also  regulate 
or  prohibit  the  running  at  large  of  cattle,  hogs,  horses,  mules, 
sheep  goats  and  other  animals,  and  domestic  geese,  and  cause 
such  as  may  be  running  at  large  to  be  impounded  and  sold  in 
such  manner  and  time  as  may  be  provided  by  ordinance ;  the 
council  may  also  provide  penalties  for  the  owners  who  shall  per- 
mit such  animals  or  geese  to  run  at  large.  The  council  may 
also  provide  for  the  erection  of  all  needful  pounds,  pens  and 
buildings  for  tht-  use  of  the  city  within  or  without  the  city  lim- 
its, and  appoint'and  compensate  keepers  thereof,  and  establish 
and  enforce  rules  governing  the  same.  The  council  may  also 
tax,  regulate,  restrain  and  prohibit  the  running  at  large  of 
dogs,  and  provide  for  their  destruction  when  at  large  contrary 
to  ordinance,  and  impose  penalties  on  the  owners  or  keepers 
thereof. 

Sec.  87.  The  council  may  prohibit  and  prevent  all  en- 
croachments into  and  upon  the  sidewalks,  streets,  avenues,  alleys 
and  other  public  places  of  the  city,  and  may  provide  for  the  re- 
moval of  all  obstructions  from  the  sidewalks,  curbstones,  gut- 
ters and  cross-walks  at  the  expense  of  the  owners  or  occupants 
of  the  ground  fronting  thereon,  or  at  the  expense  of  the  person 
causing  the  same;  the  council  may  also  regulate  the  planting  of 
shade  trees,  erecting  of  awnings,  hitching-posts,  lamp -posts, 
awning-posts,  telephone,  telegraph  and  electric  light  poles,  and 
the  making  of  excavations  through  and  under  the  sidewalks  or 
in  any  public  street,  avenue,  alley  or  other  public  place  within 
the  city.  The  council  may  prevent  and  punish  for  all  horse- 
racing,  or  other  racing,  fast  driving  or  training  in  the  streets, 
highways,  avenues,  alleys,  or  over  bridges  or  through  tunnels 
in  the  city,  and  all  games,  practices  or  amusements  therein 
likely  to  result  in  damage  to  any  person  or  property,  and  to 
regulate, prevent  and  punish  for  the  riding, driving, leading,  stand- 
ing, hitching  or  passing  of  horses,  mules, oxen,  or  other  teams  or 
stock  or  animals  or  any  vehicle  over  or  upon  or  across  or  along 
any  sidewalk,  street,  avenue  or  alley  of  the  city. 


CHARTER.  47 

Sec.  88.  The  council  may  make  regulations  and  pass  or- 
dinances for  the  prevention  of  the  introduction  of  contagious 
diseases  into  the  city,  and  for  the  abatement  of  the  same,  and 
may  make  quarantine  laws  and  enforce  the  same  within  five 
miles  of  the  city.  The  council  may  purchase  or  condemn  and 
hold  for  the  city,  within  or  without  the  city  limits,  within  ten 
miles  therefrom,  all  necessary  lands  for  hospital  purposes, 
water- works,  sewer  carriage  and  out  fall,  and  erect,  establish 
and  regulate  hospitals,  work-houses,  poor-houses,  and  provide 
for  the  government  and  support  of  the  same,  and  make  regula- 
tions to  secure  the  general  health  of  the  city,  and  to  prevent 
and  remove  nuisances :  Provided,  however,  that  the  condem- 
nation of  any  property  outside  of  the  city  limits  shall  be  regu- 
lated in  all  respects  as  the  condemnation  of  property  for  railroad 
purposes  is  regulated  by  law ;  and  provided  fiirtJier,  that  the 
police  jurisdiction  of  the  city  shall  extend  over  such  lands  and 
property  to  the  same  extent  as  over  public  cemeteries,  as  pro- 
vided in  this  act. 

Sec.  89.  The  council  may  establish,  alter  and  change  the 
channel  of  water-courses,  and  wall  them  and  cover  them  over, 
and  prevent  obstructions  thereon,  and  may  establish,  make  and 
regulate  public  wells,  cisterns  and  reservoirs  of  water,  and  pro- 
vide for  filling  the  same.  The  council  may  purchase  grounds 
and  erect  and  establish  '  market-houses  and  market  places,  and 
regulate  and  govern  the  same ;  and  also  contract  with  any  per- 
son or  persons,  association  or  corporation  for  the  erection, 
maintenance  and  regulation  of  market-houses  and  market 
places,  on  such  terms  and  conditions  and  in  such  manner  as  the 
council  may  prescribe.  The  council  may  also  provide  for  the 
erection,  purchase  or  renting  of  a  city  hall,  work-houses,  houses 
of  correction,  prisons,  engine-houses  and  any  and  all  other  nec- 
essary buildings  for  the  city ;  and  may  sell,  lease,  abolish  or 
otherwise  dispose  of  the  same,  and  may  enclose,  improve,  regu- 
late, purchase  or  sell  all  public  parks  or  other  public  grounds 
belonging  to  the  city,  and  may  purchase  and  hold  grounds  for 
public  parks  within  the  city,  or  within  three  miles  thereof. 


48  CHARTER. 

Sec.  90.  The  council  shall  have  power  to  regulate  levees, 
wharves,  landings,  depots,  depot-grounds  and  places  for  storing 
freight  and  goods,  and  provide  for  the  passage  for  railways 
through  the  streets  and  public  grounds  of  the  city;  also  to  regu- 
late the  crossing  of  railroad  tracks,  and  the  crossing  of  streets, 
avenues  and  alleys  by  railroad  tracks,  and  to  provide  for  the  il- 
lumination of  the  same  and  the  stationing  of  watchmen  thereat, 
and  to  provide  precautions  and  prescribe  rules  regulating  such 
railways  and  crossings,  and  to  regulate  the  running,  handling 
and  operation  of  railway  engines  and  cars  within  the  limits  of 
the  city,  and  to  prescribe  rules  relating  thereto,  and  to  govern 
the  speed  of  railway  engines,  cars  and  trains,  and  to  make  and 
enforce  rules  or  restrictions  to  prevent  accidents  at  crossings, 
and  on  the  tracks  of  railways,  and  to  prevent  fires  from  engines; 
and  may  provide  punishment  or  fines,  within  the  limits  of  this 
act,  for  any  person  or  corporation  violating  the  01  dinances  au- 
thorized by  this  section. 

Sec.  91.  The  council  may  prescribe  rules  and  provide 
methods  by  ordinance  for  the  inspection,  weighing  and  measur- 
ing of  any  commodity  sold  in  the  city  in  all  cases  not  otherwise 
provided  for  by  law,  and  may  provide  for  the  selling,  weighing 
and  mspecting  of  meats,  poultry  and  vegetables,  of  butter,  lard, 
and  other  provisions  and  articles  of  food ;  and  may  pro- 
vide for  the  inspecting  and  measuring  of  wood,  coal  and  fuel, 
lumber,  shingles,  timber  and  all  kinds  of  building  material,  and 
shall  have  power  to  appoint  inspectors  and  measurers ;  and 
may  make  provisions  for  the  inspection  of  steam  boilers,  and  all 
steam-heating  apparatus,  and  to  license  engineers  using  steam 
boilers  in  the  city,  and  may  regulate  the  place  or  places  where 
hay,  lim  ,  lumber,  timber,  wood,  coal  and  all  kinds  of  fuel  shall 
be  exposed  for  sale,  and  fix  the  fees  of  the  person  or  persons 
appointed  to  perform  the  duties  named  in  this  section. 

Sec.  92.  The  council  shall  have  power,  by  ordinance,  to 
secure  the  general  health  of  the  inhabitants  of  the  city  by  any 
measure  to  regulate,  suppressor  abate  slaughter-houses,  slaught- 
ering animals,  stock  yards,  soap  and  other   factories,    pig-pens, 


CHARTER.  49 

cow-stables  and  other  stables  and  dairies,  coal-oil  tanks  and  fac- 
tories, and  to  remove  the  same ;  and  to  regulate  or  prev-ent  the 
carrying  on  of  any  business  which  may  be  dangerous  or  detri- 
trimental  to  the  public  health,  or  the  manufacturing  or  vending 
of  articles  obnoxious  to  the  health  of  the  inhabitants ;  to  pre- 
vent abate  and  remove  nuisances  in  a  summary  manner  at  the 
cost  of  the  occupant  or  owner  of  the  premises  where  the  nuis- 
ance or  the  cause  thereof  may  be :  Provided,  that  the  same 
was  caused  by  the  occupant  or  owner  of  the  premises  or  his 
agent;  and  all  costs  and  expenses  incurred  by  the  city  in  re- 
moving or  abating  any  nuisance  on  private  property  within  the 
city  limits  may  be  assessed  against  the  occupant  or  owner,  if 
caused  by  them  or  either  of  them  or  their  agent,  and  the  same 
shall  be  assessed  by  the  council  as  a  special  tax-bill  against  such 
private  property,  which  shall  be  a  special  lienag  inst  such  prop- 
erty in  the  same  manner  and  with  the  same  effect  that  special 
tax-bills  are  for  paving;  or  the  cost  of  removing  or  abating 
such  nuisance  may  be  made  a  part  of  the  judgment  by  the  police 
judge,  in  addition  to  the  fine  imposed,  in  case  of  conviction  in 
the  police  judge's  court  of  the  person  causing  or  maintaining 
any  such  nuisance  ;  and  the  power  is  hereby  given  the  city  coun- 
cil to  provide  punishments  for  persons  causing  or  maintain- 
ing nuisances  in  the  city,  or  within  one  mile  thereof.  The  coun- 
cil may  also  provide  for  a  health  commissioner  and  board  of 
health  to  perform  such  duties  and  such  powers  as  may  be  pre- 
scribed by  ordinance  ;  and  may  provide  for  the  condemnation  of 
goods,  merchandise,  clothing,  furniture  and  other  personal  prop- 
erty containing  the  germs  of  contagious  or  infectious  dangerous 
disease,  whenever  the  same  is  necessary  for  the  health  of  the 
city  ;  but  in  every  case  where  private  property  is  so  condemned 
and  destroyed,  due  compensation  shall  be  made  to  the  owner 
thereof,  upon  the  appraisement  of  five  disinterested  commission- 
ers appointed  by  the  mayor. 

Sec  93.  The  council  may  prohibit  and  punish  for  the 
carrying  of  concealed  deadly  weapons,  and  may  arrest  and 
imprison,  fine  or  set  to  work  all  vagrants  found  within  the  city. 


50  CHARTER. 

Sec.  94.  The  council  may  provide  by  ordinance  for 
sprinkling  and  cleaning,  or  either  or  both,  the  streets  and  ave- 
nues, or  any  part  thereof,  of  the  city,  and  may  assess  the  cost 
and  expense  thereof  as  a  special  tax  upon  all  real  estate  abutt- 
ing upon  the  street  or  avenue,  or  part  thereof,  sprinkled  or 
cleaned,  in  proportion  to  the  front  foot,  and  may  issue,  or 
cause  to  be  issued,  special  tax-bills  therefor,  whic  1  shall  be  a 
lien  on  such  real  estate  until  paid :  Provided,  that  before  any 
such  assessment  shall  be  made,  the  council  shall  pass  a  resolu- 
tion declaring  such  street  sprinkling  or  cleaning  necessary  to  be 
done,  and  shall  cause  such  resolution  to  be  published  at  least 
one  week  in  some  newspaper  published  in  the  city,  and  if  a 
majority  of  the  resident  owners  of  the  property  abutting  upon 
such  street  or  avenue,  or  part  thereof,  proposed  to  be  sprinkled 
or  cleaned,  shall  not,  within  ten  days  thereafter,  file  with  the 
clerk  of  said  city  their  protest  against  such  sprinkling  or  clean- 
ing, then  the  council  shall  have  power  to  contract  therefor  and 
cause  the  same  to  be  done :  Provided,  further,  however,  that 
m  no  case  shall  the  cost  of  such  sprinkling  or  cleaning  exceed 
five  cents  each  per  front  foot  per  month  upon  the  property 
abutting  upon  such  street  or  avenue,  or  part  thereof.  The 
method  of  making  said  assessments  and  collecting  the  same 
shall  be  provided  by  ordinance. 

Sec  95.  The  council  may  provide  for  and  regulate  the 
lighting  of  streets  and  the  erection  of  lamp-posts,  poles  and 
light  therefor,  and  shall  have  power  to  make  contracts  with  any 
person  for  [or]  association  or  corporation  for  the  lighting  of 
the  streets  and  other  public  places  of  the  city  with  gas,  electricity 
or  otherwise:  Provided,  that  no  such  contract  shall  be  made 
for  a  longer  time  than  ten  years :  Provided  further,  that  no 
such  contract  shall  have  any  legal  force  until  the  same  shall 
have  been  ratified  by  a  two-thirds  majority  of  the  qualified 
voters  of  said  city,  voting  at  an  election  held  for  that  purpose. 
The  council  shall  have  the  right,  also,  to  erect,  maintain  and 
operate  gas-works,  electric  light  works  or  light  works  of  any 
other  kind  or  name,    and  to    erect    lamp    posts,   electric    light 


CHARTER.  51 

poles,  or  any  other  apparatus  or  appliances  necessary  to  light 
the  streets,  avenues,  alleys  or  other  public  places,  and  to 
supply  private  lights  for  the  use  of  the  inhabitants  of  the  city 
and  its  suburbs,  and  to  regulate  the  same,  and  to  prescribe  and 
regulate  the  rates  to  be  paid  by  the  consumers  thereof,  and  to 
acquire  by  purchase,  donation  or  condemnation,  suitable 
ground  within  or  without  the  city,  upon  which  to  erect  such 
works,  and  the  right  of  way  to  and  from  said  works,  and  also 
the  right  of  way  for  laying  gas-pipes,  electric  wires  under  or 
above  ground,  and  erecting  posts  and  poles  and  such  other 
apparatus  and  appliances  as  may  be  necessary  for  the  efificient 
operation  of  such  works.  Provided,  that  the  council  may  in  its 
discretion  grant  the  right  to  any  person  or  persons  or  corpora- 
tion to  erect  such  works  and  lay  the  pipe,  wires  and  erect  the 
posts,  poles  and  other  necessary  apparatus  and  appliances 
therefor,  upon  such  terms  as  may  be  prescribed  by  ordinance: 
Provided  further,  that  such  right  to  any  such  person,  persons 
or  corporation  shall  not  extend  for  a  longer  period  than  twenty 
years,  and  shall  not  be  granted  nor  renewed  unless  by  consent 
of  a  majority  of  the  qualified  voters  of  the  city,  voting  at  an 
election  held  for  such  purpose. 

Sec.  96.  The  council  shall  have  power  to  make  contracts 
with  any  person,  association  or  corporation  for  furnishing  the 
city  with  water,  and  for  supplying  fire  hydrants  and  public 
fountains :  Provided,  that  no  such  contract  shall  be  made  for  a 
longer  time  than  twenty  years ;  and  provided,  that  no  such 
contracts  shall  have  any  legal  force  until  the  same  shall  have 
been  ratified  by  a  vote  of  two-thirds  majority  of  the  qualified 
voters,  voting  at  an  election  to  be  held  for  that  purpose.  The 
council  shall  have  the  right  also  to  erect,  maintain  and  operate 
waterworks  for  the  city,  and  to  regulate  the  same,  to  prescribe 
and  regulate  the  rates  to  charge  to  private  consumers  of  water 
furnished  from  such  water-works,  and  to  acquire  by  purchase, 
donation  or  condemnation^  suitable  grounds  within  or  without 
the  city  upon  which  to  erect  said  works,  and  the  right  of  way 
to  and  from  said  works,   and  also  the  right  of  way  for   laying 


52  CHARTER. 

water-pipes  and  posts  and  telephone,  telegraph  or  electric  wires 
and  poles,  under  or  above  ground,  as  may  be  necessary  for  the 
efficient  operation  of  said  water-works;  all  of  which  shall  be 
done  in  such  manner  as  shall  be  prescribed  by  ordinance: 
Provided,  that  the  council  may  in  its  discretion  grant  the  right 
to  any  person,  persons  or  corporation  to  erect,  maintain  and 
operate  water-works,  and  lay  pipes,  erect  poles  and  telegraph, 
telephone  and  other  electric  wires,  under  or  above  ground,  as 
may  be  necessary  for  the  efficient  operation  of  said  works,  upon 
such  terms  as  the  council  may  by  ordinance  prescribe:  Pro- 
vided further,  that  in  no  case  shall  such  right  extend  for  a 
longer  period  than  twenty  years,  and  shall  not  be  granted  nor 
renewed  unless  by  the  consent  of  a  majority  of  the  qualified 
voters  of  the  city,  voting  at  an  election  held  for  that  purpose: 
Provided,  that  nothing  in  this  and  the  preceding  section  shall 
be  so  construed  as  to  prevent  city  councils  from  contracting 
with  any  persons,  associations  or  corporations  for  supplying  fire 
hydrants  and  public  fountains,  and  to  furnish  the  city  with  gas 
or  electric  1  ghts  in  cities  where  franchises  have  already  been 
granted  and  where  water-works  and  electric  plants  already  exist, 
without  a  vote  of  the  people. 

Sec.  97.  The  council  shall  have  power  to  cause  a  gen- 
eral sewer  system  to  be  established,  which  shall  be  composed  of 
three  classes  of  sewers,  to-wit,  public,  district  and  private 
sewers.  Public  sewers  shall  be  established  along  the  principal 
courses  of  drainage,  at  such  points,  to  such  extent,  of  such 
dimensions  and  under  such  regulations  as  may  be  provided  by 
ordinance,  and  these  ma}^  be  extensions  or  branches  of  sewers 
already  constructed  or  entirely  new  throughout,  as  may  be 
deemed  expedient.  The  council  may  levy  a  tax  on  all  property 
made  taxable  for  State  purposes  over  the  whole  city,  to  pay 
for  the  constructing,  reconstructing  and  repairing  of  such  work, 
which  tax  shall  be  called  "special  public  sewer  tax,"  and  shall 
be  such  amount  as  may  be  required  for  the  sewer  provided  by 
ordinance  to  be  built,  and  the  fund  arising  from  said  tax  shall 
be  appropriated  solely  to  the  constructing,  reconstructing  and 
repairing  of  said  sewer. 


CHARTER.  53 

Sec.  98.  District  sewers  shall  be  established  within  the 
limits  of  the  districts,  to  be  prescribed  by  ordinance,  and  shall 
connect  with  public  sewers  or  other  district  sewers,  or  with  the 
natural  course  of  drainage,  as  each  case  may  be.  Such  dis- 
tricts may  be  subdivided,  enlarged  or  changed  by  ordinance  at 
any  time  previous  to  the  construction  of  the  sewer  therein ;  and 
more  than  one  district  sewer  may  be  laid  in  a  sewer  district  if 
deemed  necessary  by  the  council  for  sanitary  or  other  purposes. 
The  council  shall  cause  sewers  to  be  constructed  in  each  district 
whenever  a  majority  of  the  property  holders,  residents  therein, 
shall  petition  therefor,  or  whenever  the  council  shall  deem  such 
sewers  necessary  for  sanitary  or  other  purposes,  and  said  sewers 
shall  be  of  such  dimensions  and  materials  as  may  be  prescribed 
by  ordinance,  and  may  be  changed,  enlarged  or  extended,  and 
shall  have  all  the  necessary  laterals,  inlets,  catch-basins,  man- 
holes and  other  appurtenances.  As  soon  as  any  district  sewer 
shall  have  been  completed,  the  city  engineer  or  other  of^cer 
having  charge  of  the  work  shall  compute  the  whole  cost  there- 
of, and  shall  apportion  the  same  against  the  lots  or  pieces  of 
ground,  exclusive  of  improvements,  in  proportion  to  the  area  of 
the  whole  district,  exclusive  of  the  public  highways,  and  such 
officer  shall  report  the  same  to  the  council  by  bill  or  otherwise, 
and  the  council  shall  thereupon  levy  and  assess  a  special  tax, 
by  ordinance,  against  each  lot  or  piece  of  ground  within  the  dis- 
trict, in  the  name  of  the  owner  thereof;  whereupon  the  city 
clerk  shall  make  out  a  certified  tax-bill,  under  the  seal  of 
the  city,  of  such  assessment  against  each  lot  or  piece  of 
ground  within  the  district,  in  the  name  of  the  owner  thereof. 
Said  certified  tax-bills  shall  be  signed  by  the  mayor  and  attested 
and  recorded  by  the  city  clerk,  and  shall  be  deliverd  to  the  con- 
tractor for  the  work,  who  shall  proceed  to  collect  the  same  by 
the  ordinary  process  of  law,  in  the  name  of  the  city,  to  his  own 
use,  and  in  case  of  absent  owners,  he  may  sue  by  attachment, 
or  any  other  process  known  to  the  law  ;  and  every  such  certified 
bill  shall  be  a  lien  against  the  lot  of  ground  described  therein, 
and  shall  bear  interest  at  the  rate  of  8  per  cent,  per  annum  from 


54  CHARTER. 

30  days  after  the  issue  thereof,  unless  sooner  offered  to  be  paid, 
and  if  not  paid  or  offered  to  be  paid  within  six  months  after  the 
date  of  issue,  each  such  certified  bill  shall  bear  interest  at  the 
rate  of  15  per  cent,  per  annum  until  paid,  and  every  such  certi- 
fied bill  shall,  on  action  brought  to  recover  the  amount  thereof 
h&  prima  facie  evidence  of  the  validity  of  the  charges  against 
the  property  therein  described,  and  the  liability  of  the  person 
therein  named  as  the  owner  of  such  property. 

Sec.  99.  Private  sewers  connected  with  the  public  and 
district  sewers  may  be  constructed  under  such  restrictions  and 
regulations  as  the  council  may  prescribe  by  general  ordinance; 
but  the  city  shall  be  at  no  expense  in  the  construction,  repair- 
ing or  cleaning  of  the  same;  the  city  shall  incur  no  liability  for 
building  district  sewer.-,  except  when  the  city  is  the  owner  of  a 
lot  of  ground  within  the  district,  and  in  that  case  the  city  shall 
be  liable  for  the  costs  of  said  sewer,  in  the  same  manner  as  other 
property  owners  within  the  district.  The  repairs,  cleaning  and 
other  incidental  expenses  of  district  sewers  shall  be  paid  out  of 
a  general  appropriation  for  that  purpose.  No  sewer  shall  be 
run  diagonally  through  private  property,  when  it  is  as  practica- 
ble, without  injury  to  such  sewer,  to  construct  it  parallel  with 
one  of  the  exterior  lines  of  such  property ;  nor  shall  any  public 
sewer  be  constructed  through  private  property  when  it  is  as 
practicable  to  construct  it  along  or  through  a  street  or  other 
public  highway.  The  council  shall  have  the  power  to  condemn 
private  property  for  public  use,  occupation  or  possession  in  the 
construction  and  repair  of  public  and  district  and  private  sewers, 
in  the  same  manner  as  other  property  is  condemned  within  the 
city  for  public  uses. 

Sec.  100.  The  city  council  shall  have  power  to  purchase, 
receive  and  hold  real  estate,  as  heretofore  mentioned,  for  public 
cemetery  purposes,  either  within  the  city  or  within  three  miles 
thereof:  Provided,  that  no  such  cemete*-y  shall  exceed  more 
than  160  acres  in  one  body.  The  council  shall  provide  for  the 
survey,  platting,  grading,  fencing,  ornamenting  and  improving  of 
all  the  cemetery  ground  and  the  avenues  leading  thereto,  owned 


CHARTER.  55 

by  the  city,  and  may  construct  walks  and  protect  ornamental 
trees  therein,  and  provide  for  paying  the  expenses  therefor. 
The  council  may  make  rules  and  pass  ordinances  imposing  pen- 
alties and  fines,  not  exceeding  one  hundred  dollars,  regulating, 
protecting  and  governing  city  cemeteries,  the  owners  of  lots 
therein,  visitors  thereto,  and  punishing  trespassers  therein;  and 
the  officers  of  such  city  shall  have  as  full  jurisdiction  and  power 
in  the  enforcing  of  such  rules  and  ordinances  as  though  they  re- 
lated  to  the  city  itself. 

Sec.  ioi.  The  cemetery  lots  shall  be  conveyed  by  cer- 
tificates, signed  by  the  mayor  and  countersigned  by  the  clerk, 
under  the  seal  of  the  city,  specifying  that  the  purchaser  to  whom 
the  same  is  issued  is  the  owner  of  the  lot  or  lots  described  there- 
in by  numbers,  as  laid  down  on  such  map  or  plat,  for  the  purpose 
of  interment,  and  such  certificates  shall  vest  in  the  purchaser, 
his  or  her  heirs  and  assigns,  a  right  in  fee-simple  to  such  lot  for 
the  sole  purpose  of  interment,  under  the  regulations  of  the  coun- 
cil ;  and  such  certificates  shall  be  entitled  to  be  recorded  in  the 
office  of  recorder  of  deeds  of  the  proper  county  without  further 
acknowledgment ;  and  such  descriptions  of  lots  shall  be  deemed 
and  recognized  as  sufficient  description  thereof.  The  council 
may  limit  the  number  of  lots  to  be  owned  by  the  same  person 
at  the  same  time,  and  may  prescribe  rules  for  enclosing,  adorn- 
ing and  erecting  monurrients,  tombstones  and  ornaments  on 
cemetery  lots,  and  any  improper  adornment  thereof;  but  no  re- 
ligious test  shall  be  made  to  the  ownership  of  the  lots,  or  burials 
therein,  or  for  the  ornamentation  of  graves  or  lots. 

Sec.  I02.  Whenever  a  petition  as  is  now  provided  by 
law  is  presented  to  the  county  court  of  any  county  for  the  open- 
ing, extension  or  widening  of  any  county  road  along  and  ad- 
joining the  corporate  limits  of  any  city  of  the  third  class,  such 
court  shall  proceed  as  is  now  authorized  by  law  to  condemn  the 
right  of  way  of  such  road,  the  maximum  width  of  which  shall 
not  be  over  eighty  feet.  Before  such  road,  however,  shall  be 
declared  opened  or  the  possession  of  such  property  for  such 
right  of  way  be  taken  for  public   use,    the   council    of  such    city 


56  CHARIER. 

shall  ascertain,  in  the  manner  hereinafter  provided  in  this  act, 
the  proportionate  amount  of  benehts  resulting  to  the  owners  of 
land  adjacent  thereto  within  the  corporate  limits  of  such  city, 
who  shall  contribute  toward  compensating  the  person  injured, 
and  such  amount  shall  constitute  a  lien  in  favor  of  the  city  on 
the  said  adjacent  land,  and  the  person  or  persons  who  shall  be 
benefited  and  so  assessed  shall  pay  in  such  manner  as  herein- 
after provided.  The  city  authorities  shall  define  by  ordinance 
the  limits  within  which  private  property  is  deemed  benefited  by 
the  opening,  extension  or -widening  as  aforesaid,  and  the  owners 
of  private  property  within  such  limits  shall  be  notified  as  here- 
inafter set  out,  and  appeals  may  be  taken  as  hereinafter  pro- 
vided. 

Sec.  103.  The  council  may  by  ordinance,  and  at  the  ex- 
pense of  the  city,  cause  to  be  taken  a  census  of  its  population 
by  a  suitable  person  to  be  appointed  by  the  governor  of  the 
State.  When  so  taken,  the  result  shall  be  reported  to  the  coun- 
cil and  spread  upon  the  records,  and  a  copy  thereof,  certified  by 
the  city  clerk  under  the  seal  of  the  city,  shall  be  filed  with  the 
secretary  of  state.  If  such  report  shows  that  the  city  has  over 
ten  thousand  inhabitants,  the  city  council  may  levy  on  all  sub- 
jects and  objects  of  taxation  for  city  purposes  not  to  exceed 
sixty  cents  on  the  one  hundred  dollars  valuation.  Should  the 
population  b^  less  than  ten  thousand  inhabitants,  said  rate  shall 
not  exceed  fifty  tents  on  the  one  hundred  dollars  valuation. 

Sec.  104.  All  claims  against  the  city  must  be  presented  in 
writing,  with  full  account  of  the  items,  and  verified  by  the  oath  of 
the  claimant  or  his  agent  that  the  same  are  correct,  reasonable 
and  just,  and  no  claim  shall  be  audited  or  allowed  unless  presented 
and  verified  as  provided  in  this  section.  No  costs  shall  be 
recovered  against  the  city  in  any  action  brought  against  it  for 
any  unliquidated  claim  which  has  not  been  presented  to  the 
council  to  be  audited,  nor  upon  claims  allowed  in  part,  unless 
the  recovery  shall  be  for  a  greater  sum  than  the  amount 
allowed,  with  interest  due :  Provided,  that  no  action  shall  be 
maintained  against  such  city  in  exercising  or  failing  to  exercise 


CHARTER.  57 

any  corporate  power  or  authority,  in  case  where  such  action 
would  not  lie  against  a  private  individual  under  like  circum- 
stances. 

Sec.  105.  The  council  shall  have  sole  authority,  by 
ordinance,  to  grant  the  right  to  any  person  or  persons,  or  corpor- 
ation, to  make  and  construct  railroads  or  street  railroads  in  any 
street  or  highway  of  the  city,  and  to  control  and  regulate  the 
use  thereof:  Provided,  that  no  such  railroad  or  street  railroad 
ihall  be  located  on  any  street  or  highway  in  the  city,  or  any 
portion  of  such  street  or  highway,  until  a  majority  of  the  resi- 
dents, owners  of  land  abutting  on  sail  street  or  highway,  or 
such  portion  thereof,  shall  first  assent  thereto  in  writing;  and 
provided,  fiutJier,  that  no  such  railroad  or  street  railroad  shall 
be  constructed  or  operated  until  all  damages  to  such  abutting 
lands  shall  have  been  first  ascertained  and  paid  to  the  owners 
thereof  by  the  person,  persons  or  corporation  constructing  said 
railroad  or  street  railroad,  and  the  city  council  shall  pass  suita- 
ble ordinances  providing  the  manner  and  way  ot  ascertaing  any 
damages  contemplated  by  this  section. 

Sec.  106.  The  city  council  are  hereby  authorized  and 
empowered  to  provide  for  the  purchase  of  ground,  and  for  the 
payment  of  the  same,  and  all  necessary  work  of  improvement 
specified  in  this  act,  by  the  issue  of  bonds  or  otherwise,  subject, 
however,  to  the  conditions  and  limitations  herein  specified.  No 
city  shall  be  allowed  to  become  indebted  in  any  manner  or  for 
any  purpose  to  an  amount  exceeding  in  any  one  year  the 
income  and  revenue  provided  for  such  year,  without  the 
assent  of  two-thirds  of  the  voters  of  such  city,  voting  at  an 
election  to  be  held  for  that  purpose,  nor  in  any  case  requiring 
such  assent  shall  any  indebtedness  be  allowed  to  be  incurred  to 
an  amount,  including  existing  indebtedness,  in  the  aggregate 
exceeding  five  per  centum  on  the  value  of  the  taxable  property 
therein,  to  be  ascertained  by  the  assessment  next  before  the 
last  assessment  for  State  and  county  purposes,  previous  to  the 
incurring  of  such  indebtedness :  Provided,  that  any  city  in 
incurring   any   indebtedness   requiring   the  assent  of  the  voters 


58  CHARTER. 

as  aforesaid,  shall,  before  at  the  time  of  doing  so,  provide  for 
the  collection  of  an  annual  tax  sufficient  to  pay  the  interest  on 
such  indebtedness  as  it  falls  due,  and  also  to  constitute  a  sink- 
ing fund  for  payment  of  the  principal  thereof  within  twenty 
years  from  the  time  of  contracting  the  same,  and  may  provide 
by  ordinance  the  manner  of  conducting  said  election  under  this 
section,  and  ascertaining  the  result  of  the  same. 

Sec.  107.  The  council  shall  have  power  and  authority  to 
levy  and  collect  a  license  tax  on  beer  depots  or  store-rooms 
auctioneers,  druggists,  hawkers,  peddlers,  banks,  brokers,  pawn- 
brokers, merchants  of  all  kinds,  grocers,  confectioners,  res- 
taurants, butchers,  taverns,  hotels,  public  boarding-houses, 
dram-shops,  saloons,  liquor  sellers,  billiard  and  pool  tables 
and  other  gaming  tables,  bowling  alleys,  hay  scales, 
lumber  dealers,  livery-stable  keepers,  real  estate  agents, 
loan  companies,  loan  agents,  public  buildings,  public  halls, 
opera  houses,  public  grounds,  concerts,  photographists,  bill- 
posters, artists,  agents,  porters,  runners,  drummers,  pub- 
lic lecturers,  public  meetings,  circuses  and  shows,  for 
parades  and  exhibitions,  or  both,  horse  and  cattle  dealers, 
patent-right  dealers,  stock-yards,  wagon-yards,  inspectors, 
gangers,  mercantile  agents,  insurance  companies,  insurance 
agents,  manufacturing  and  other  corporations  or  institutions, 
street  railroad  cars,  hackney  carriages,  omnibuse-,  carts,  drays, 
transfer  and  job  wagons,  ice-wagons,  and  all  other  vehicles, 
traveling  and  auction  stores,  and  all  other  businesses,  trades 
and  avocations  whatever,  and  fix  the  rate  of  carriage  of  persons 
and  wagonage,  drayage  and  cartage  of  property;  and  to  license, 
tax,  regulate  or  suppress  ordinaries,  money  brokers,  money 
changers,  intelligence  and  employment  ofifices  and  agencies, 
public  masquerades,  balls,  street  exhibitions,  dance-houses,  for- 
tune tellers,  pistol  galleries,  corn  doctors,  private  venereal 
hospitals,  museums,  menageries,  equestrian  performances, 
horoscopic  views,  telescopic  views,  lung-testers,  muscle-devel- 
opers, magnifying  glasses,  ten-pin  alleys,  ball  alleys,  billiard 
tables,    pool   or  other   tables,    theatrical    or   other   exhibitions, 


CHARTER.  59 

boxing  and  sparring  exhibitions,  shows  and  amusements,  tip- 
pHng-houses,  gift  enterprises,  and  sales  of  unclaimed  goods  by 
express  companies  or  common  carriers;  to  Hcense,  tax  and 
regulate  hackmen,  draymen,  omnibus  drivers,  porters  and 
others  pursuing  like  occupations  with  or  without  vehicles,  and  to 
prescribe  their  compensation;  and  to  regulate,  license  and 
restrain  runners  for  steamboats,  cars,  stages  and  public  houses; 
and  to  license  ferries,  and  to  regulate  the  same  and  the  landing 
thereof  within  the  limits  of  the  city. 

Sec.  io8.  The  cities  coming  under  the  provisions  of  this 
act,  in  their  corporate  capacities,  are  authorized  and  empowered 
to  enact  ordinances  for  the  following  purposes  and  upon  the 
conditions  in  this  section  specified,  in  addition  to  the  other 
powers  granted  by  law  : 

First — to  levy  and  collect  taxes  for  general  revenue  pur- 
poses on  all  mixed,  personal  and  real  property  within  the 
limits  of  said  cities,  taxable  according  to  the  laws  of  this   State. 

Second — To  open  and  improve  streets,  avenues,  alleys  and 
other  highways,  and  to  make  sidewalks  and  build  bridges, 
culverts  and  sewers  within  i-he  city,  and  to  exercise  exclusive 
control  over  streets  and  alleys,  and  establish  grades  therefor. 

Third — The -cost  of  bringing  to  grade  all  streets,  avenues 
and  alleys  and  other  highways,  and  for  the  building  of  bridges 
and  culverts  and  public  sewers  and  foot- walks  across  streets, 
avenues,  alleys  and  other  highways,  may  be  paid  out  of  the 
general  revenue  fund  of  the  city,  or  an  assessment  shall  be  made 
therefor  on  all  the  taxable  property  v/ithin  the  limits  of  the  city, 
not  exceeding  five  mills  on  the  dollar  for  these  purposes  in  any 
one  year. 

FoiirtJi — For  making  and  repairing  sidewalks  and  sidewalk 
curbing,  the  cost  thereof  shall  be  levied  as  a  special  assessment 
on  all  lots  and  pieces  of  ground  abutting  on  such  improvements, 
in  proportion  to  the  front  foot  thereof :  Provided,  that  corner 
lots  shall  be  liable  for  the  extension  of  curbs  and  sidewalks  to 
the  curb  lines  each  way. 

FiftJi — The  cost  of   paving,    macadamizing,    guttering  and 


6o  CHARTER. 

curbing  (where  such  curb  is  set  out  into  the  street  beyond  the 
sidewalks)  all  streets,  avenues,  alleys  and  other  highwa)'s,  or 
any  part  thereof  or  any  connections  therewith,  and  repairing  the 
same,  and  for  doing  all  excavating  and  grading  necessary  for 
the  same  (after  said  streets,  avenues,  alleys  and  other  high- 
ways, or  parts  thereof  or  connections  therewith,  have  been  first 
brought  to  grade,  as  hereinbefore  provided),  shall  be  levied  as 
special  assessment  upon  all  lots  and  pieces  of  ground  upon 
either  side  of  such  street,  avenue,  alley  or  other  highway,  oi 
part  thereof  or,  conr.ection  therewith,  abutting  thereon,  along 
the  distance  improved,  in  proportion  to  the  front  foot. 

Sixth — The  cost  of  paving  or  macadamizing  the  squares 
and  areas  as  formed  by  the  crossing  or  meeting  of  streets  and 
other  highways  or  parts  thereof,  or  connections  therewith,  shall 
be  levied  as  a  special  assessment  and  paid  for  as  follows :  Such 
area  shall  be  divided  into  parts  or  portions  by  lines  drawn 
lengthwise  along  the  middle  of  each  of  said  streets  or  highways 
so  intersecting  or  meeting,  and  the  cost  of  said  parts  or  portions 
shall  be  levied  as  a  special  assessment  against  the  block  or 
square  contiguous  to  each,  and  pro-rated  against  the  lots  or 
pieces  of  ground  in  such  block  or  square  abutting  on  the  street 
improved. 

Seventh — The  assessments  made  for  making  and  repairing 
sidewalks  and  sidewalk  curbing,  and  for  paving,  macadamizing, 
curbing  and  guttering  all  streets,  avenues,  alleys  and  other  high- 
ways, and  repairing  the  same,  as  herein  provided,  shall  be 
known  as  special  assessments  for  improvements,  and  shall  be 
levied  and  collected  as  a  special  tax,  and  a  special  tax  bill  shall 
issue  therefor,  and  shall  be  paid  in  the  manner  provided  by  or- 
dinance. Said  special  tax  bills  may  bear  interest  after  thirty 
days  from  the  date  of  issue  at  the  rate  of  eight  per  cent,  per  an- 
num, and  every  such  special  tax-bill  shall  be  a  lien  against  the 
lot  or  piece  of  ground  described  in  the  same  until  the  same  is 
paid. 

Eighth — Before  the  council  shall  make  any  contract  for 
building  bridges,   sidewalks,    culverts  or  sewers,  or  for  paving, 


CHARTER.  6 I 

macadamizing,  curbing,  guttering  or  grading  any  street,  avenue, 
alley  or  other  highway,  an  estimate  of  the  cost  thereof  shall  be 
made  by  the  city  engineer  or  other  proper  oflficer  and  submitted 
to  the  council,  and  no  contract  shall  be  entered  into  for  any  such 
work  or  improvement  for  a  price  exceeding  such  estimate: 
Provided,  that  no  such  estimate  shall  be  required  for  the  mak- 
ing of  any  local  or  special  repairs. 

Ninth — All  special  tax-bills  issued  for  special  assessments 
for  paving,  macadamizing,  curbing,  guttering,  excavating,  grad- 
ing, construction  of  sidewalks,  and  for  district  sewers,  and  for  any 
other  purpose  whatever  authorized  by  this  act,  shall  be  assignable 
and  collectible  in  any  action  brought  in  the  name  of  the  city,  to  the 
use  of  the  holder  thereof;  but  the  city  shall  not  in  any  event  be 
liable  for  any  cost  that  may  accrue  in  such  action.  Such  spec- 
ial tax-bills  shall,  in  any  action  thereon,  he  p7'ima  facie  evidence 
of  the  regularity  of  the  proceedings  for  such  special  assessment, 
of  the  validity  of  the  bill,  of  the  doing  of  the  work  and  of  the 
furnishing  of  the  materials  charged  for,  and  of  the  liability  of 
the  property  to  the  charge  stated  in  the  bill. 

Tenth — The  total  cost  of  paving,  macadamizing,  curbing, 
guttering  and  the  necessary  excavation  and  grading  for  the 
same,  as  is  now  provided  by  law,  of  any  street,  avenue,  square 
or  alley,  or  other  highway,  or  any  part  thereof,  may  be  paid 
in  three  annual  payments — one-third  in  one  year,  one-third  in 
two  years  and  one-third  in  three  years — from  the  date  of  issue 
of  the  special  tax-bills,  each  payment  to  bear  not  to  exceed 
eight  per  cent,  interest  per  annum  from  date  of  issue  to  date  of 
payment :  Provided,  that  the  owner  of  any  lot  or  parcel  of 
ground  fronting  on  such  street,  avenue,  alley,  or  other  highway 
or  square, or  part  thereof,  improved,  shall,  within  thirty  days  after 
the  letting  of  the  contract  for  such  work,  notify  the  city  clerk  in 
writing  that  he  desires  to  pay  for  the  same  in  three  annual  pay- 
ments. In  such  cases,  the  city  clerk, engineer  or  other  proper  ofifi- 
cer  shall  make  out  three  special  tax-bills,  which  shall  be  signed  by 
the  mayor  and  attested  by  the  city  clerk,  each  for  one-third  part 
of  the  cost  of  such  work,    bearing    interest   as    aforesaid,    which 


62  CHARTER. 

rate  shall  be  fixed  by  ordinance,  and  deliver  the  same  to  the 
contractor  for  the  work.  Each  and  every  such  tax-bill  shall  be  a 
lien  on  the  lot  or  parcel  of  ground  therein  described,  and  such 
lien  shall  continue  for  one  year  from  the  maturity  of  the  tax-bill 
last  becoming  due  until  paid,  or  until  the  final  determination  of 
any  legal  proceeding  to  collect  the  same;  but  no  such  suit  shall 
be  brought  on  any  such  tax-bill  until  after  the  maturity  of  all 
such  tax-bills. 

Sec.  109.  The  city  council  may,  by  ordinance,  include 
in  the  special  assessment  the  cost  of  bringing  to  the  established 
grade  any  street,  avenue,  alley  or  other  highway  or  square  or 
area  formed  by  the  intersection  or  meeting  of  streets  or  other 
highways,  or  part  thereof,  proposed  to  be  improved  as  herein 
provided,  when  in  its  judgment  or  opinion  the  general  revenue 
fund  of  the  city  is  not  in  a  condition  to  warrant  an  expenditure 
therefrom  for  bringing  the  same  to  the  established  grade:  Pro- 
vided, that  the  resolution  declaring  such  work  necessary  to  be 
done,  and  published  in  some  newspaper  published  in  the  city, 
shall,  in  addition  to  the  other  work  of  improvement  therein  pro- 
vided for,  include  and  describe  the  work  of  bringing  such  street, 
avenue,  alley  or  other  highway,  or  square,  or  part  thereof,  to 
the  established  grade.  In  all  such  cases  where  such  work  is  au- 
thorized by  virtue  of  such  a  resolution,  and  is  contracted  for  in 
pursuance  thereof,  the  bringing  to  grade  as  above  described 
shall  be  included  in  the  same  contract  with  the  other  work  pro- 
vided for  therein,  and  tax-bills  shall  be  issued  in  payment  for  all 
said  work  as  may  be  provided  for  by  ordinance. 

Sec.  1 10.  When  the  council  shall  deem  it  necessary  to 
pave,  macadamize,  gutter,  curb  (where  such  curbing  is  set  out 
into  the  street  beyond  the  sidewalk),  or  otherwise  improve  any 
street,  avenue,  alley  or  other  highway  or  any  part  thereof,  within 
the  limits  of  the  city,  for  which  a  special  tax  is  to  be  levied,  as 
herein  provided,  the  council  shall,  by  resolution,  declare  such 
work  or  improvements  necessary  to  be  done,  and  cause  such 
resolution  to  be  published  in  some  newspaper  published  in  the 
city,  for  two  consecutive  weeks;    and  if  a    majority   of   the  resi- 


CHARTER.  6^^ 

dent  owners  of  the  property  liable  to  taxation  therefor  shall  not. 
within  ten  days  thereafter,  file  with  the  clerk  of  the  city  their 
protest  against  such  improvements,  then  the  council  shall  have 
power  to  cause  such  improvements  to  be  made,  and  to  contract 
therefor,  and  to  levy  the  tax  as  herein  provided.  No  such  pub- 
lication shall  be  necessary  for  the  making  of  any  sidewalk,  but 
upon  the  petition  of  any  ten  citizens  of  the  city,  the  council 
shall  have  power  by  ordinance  to  make  contracts  for  the  con- 
structing of  sidewalks,  including  grading  therefor,  with  or  with- 
out curbing,  along  any  street,  avenue  or  other  public  highway, 
or  any  part  thereof  whatever;  such  contracts  shall  be  let  to  the 
lowest  and  best  bidder,  upon  plans  and  specifications  filed  there- 
for by  the  city  engineer  or  other  proper  officer,  with  the  city 
clerk — not  less  than  one  week's  advertisement  for  bids  thereon 
being  made  in  some  newspaper  published  in  the  city.  When, 
upon  proper  advertisement,  no  bid  is  received  the  council  may 
proceed  as  provided  in  section  113.  No  formality  whatever 
shall  be  required  to  authorize  the  repairing  of  sidewalks,  or  of 
street  or  other  paving,  curbing,  guttering,  macadamizing  or 
part  thereof,  or  reconstructing  the  same,  and  making  assess- 
ments therefor  ;  but  the  proper  officer  or  committee  on  improve- 
ments may,  without  notice,  cause  such  work  to  be  done,  keep- 
ing an  account  of  the  cost  thereof,  and  reporting  the  same  to 
the  council  for  assessment,  and  each  lot  or  piece  of  ground 
abutting  on  such  sidewalk,  street,  avenue  or  alley,  or  part 
thereof,  shall  be  liable  for  its  part  of  the  cost  of  such  work  made 
along  or  in  front  of  such  lot  or  piece  of  ground,  as  reported  to 
the  council.  The  council  may  provide  a  penalty  for  failure  to 
pay  such  special  tax  within  a  given  time,  and  any  tax-bills  issued 
in  payment  of  such  repairs  shall  constitute  a  lien  upon  the  prop- 
erty liable  therefor  until  paid.  All  costs  for  building  and  con- 
structing sidewalks  shall  be  paid  to  the  contractor  therefor,  in 
special  tax-bills  assessed  against  the  abutting  property  liable 
therefor  and  such  special  tax-bills  shall  constitutea  lien  upon  such 
property  until  paid,  and  shall  bear  interest  at  eight  per  cent, 
per  annum  from  date  of  issue,  except  as  provided  in  section  113. 


64  CHARTER. 

Sec.  III.  The  council  shall  hive  power  to  create,  open 
and  improve  any  public  square,  street,  avenue,  alley  or  other 
highway,  old  or  new,  and  also  to  vacate  or  discontinue  the 
same  whenever  deemed  necessary  or  expedient :  Provided, 
that  all  damages  sustained  by  the  citizens  of  the  city  or  the 
owners  of  the  property  therein  shall  be  ascertained  as  pre- 
scribed in  that  portion  of  this  act  relating  to  the  condemnation 
of  private  property  for  public  use;  and  provided,  further,  that 
whenever  any  public  square,  street,  avenue  or  alley  or  other 
highway  shall  be  vacated,  the  same  shall  revert  to  the  owners 
of  the  adjacent' lots  in  proportion  as  it  was  taken  from  them; 
and  still  further  provided,  that  when,  in  the  opinion  of  the 
council  of  such  city,  it  is  necessary  to  reopen  such  street, 
square,  avenue,  alley  or  other  highway,  they  may  order  the 
same  opened  without  expense  to  the  city ;  and  when  the  grade 
of  any  street  or  alley  shall  have  been  once  etablished  by  or- 
dinance, it  shall  not  be  lawful  to  change  such  grade  without 
making  compensation  to  all  persons  owning  real  estate  on  such 
street  or  square,  avenue,  alley,  or  other  highway,  who  may  be 
damaged  by  such  change  of  grade,  to  be  determined  and  gov- 
erned in  all  respects,  with  reference  to  benefits  and  damages,  as 
is  provided  in  this  act. 

Sec.  112.  In  addition  to  the  powers  hereinbefore 
granted,  the  city  council  may,  by  ordinance  or  resolution,  con- 
demn wooden  and  defective  sidewalks,  and  may  remove  walks 
so  condemned,  and  may  provide  for  the  construction  of  new 
sidewalks  in  the  place  of  walks  so  condemned  and  removed. 

Sec.  113.  Whenever  the  city  shall  advertise  for  bids  for 
the  construction  of  any  new  sidewalk  of  any  kind,  or  for  the 
construction  of  new  sidewalks  in  the  place  of  sidewalks  con- 
demned, and  shall  receive  no  bids  therefor,  the  city  may  pro- 
ceed to  construct  or  reconstruct  any  such  sidewalks  at  its  own 
expense,  and  shall  keep  an  accurate  account  of  the  amount 
expended  for  labor  and  material,  including  grading  and  filling 
opposite  each  lot  or  piece  of  ground,  and  present  the  same  to 
the  city  council  for  assessment,  and  each  lot  or  piece  of  ground 


CHARTER.  65 

abutting  on  the  sidewalks  constructed  or  reconstructed  shall  be 
liable  for  the  cost  thereof,  as  reported  to  the  council  by  the 
officer  or  committee  provided  by  ordinance  or  resolution  to  do 
or  have  done  such  work.  There  may  be  as  many  assessments 
included  in  one  ordinance  as  there  are  lots  or  pieces  of  ground 
reported  as  having  received  resulting  benefits  from  the  construc- 
tion or  reconstruction  of  any  such  sidewalks,  and  the  city  clerk 
shall  issue  tax-bills  payable  to  the  city,  against  each  lot  or 
piece  of  ground  for  the  amount  for  which  it  is  liable.  And  all 
such  tax-bills  shall  be  assignable,  a  lien  on  the  lot  or  piece  of 
ground  described  therein  until  paid,  and  shall  be  collectible  in 
any  action  brought  in  the  name  of  the  city  to  the  use 
of  the  holder  thereof,  or  in  any  action  brought  by 
the  city  in  its  own  name  and  for  its  own  use;  but 
where  any  such  tax-bill  has  been  assigned,  the  city  shall 
not  in  any  event  be  liable  for  any  cost  that  may  accrue  in 
such  action,  nor  will  the  city  be  liable  for  the  amount  of  any 
such  tax-bill  after  the  same  is  so  assigned.  Such  special  tax- 
bills  shall,  in  any  action  thereon,  h&  prima  facie  evidence  of  the 
regularity  of  the  proceeding  for  such  special  assessments,  of 
tfie  validity  of  the  bill,  of  the  doing  of  the  work  and  furnish- 
ing of  the  materials  charged  for,  and  of  the  liability  of  the 
property  to  the  charge  stated  in  the  bills.  The  council  may 
provide  by  ordinance  for  a  rate  of  interest  on  every  such  tax- 
bill,  not  exceeding  ten  per  cent,  per  annum,  from  thirty  days 
after  the  date  of  issue  of  same  until  paid ;  but  if  not  paid 
within  six  months  after  date  of  issue,  then  it  may  bear  interest 
from  date  at  the  rate  of  fifteen  per  cent  per  annum  until  paid. 
Sec.  114.  Whenever  the  council  shall,  by  ordinance, 
provide  for  establishing,  opening,  widening,  extending  or  alter- 
ing any  street,  avenue,  alley,  wharf,  market  place  or  public 
square,  or  route  for  sewer,  either  on  its  own  motion  or  on  the 
petition  of  the  majority  of  the  owners  of  the  ground  fronting 
thereon,  and  it  becomes  necessary  for  the  purpose  to  take  pri- 
vate property  described  in  said  ordinance,  just  compensation 
shall  be   paid   therefor  to  the  owner  or  owners  of  such  property, 


66  CHARTER. 

which  the  mayor  shall  be  caused  to  be  ascertained  and  assessed 
by  a  jury  of  six  disinterested  freeholders  of  the  city,  by  pro- 
ceedings prescribed  by  ordinance,  and  as  in  this  article  pro- 
vided. The  mayor  shall  have  and  exercise  the  power  of  a 
circuit  court  for  conducting  such  proceeding,  for  the  preserva- 
tion of  order  and  enforcing  process  issued  in  the  course  of  pro- 
ceedings, and  may  summon  and  compel  the  attendance  of  wit- 
nesses and  jurors,  and  fine  and  commit  any  person  guilty  of 
misdemeanor  or  contempt,  preside  at  the  investigation  and  pass 
on  the  competency  of  evidence,  and  instruct  the  jury  on  ques- 
tions of  law  arising  thereon.  The  city  clerk  shall  issue  process, 
and  attend  and  record  orders  made  by  the  mayor. 

Sec.  115.  When  any  ordinance  provides  for  taking 
private  property,  as  authorized  in  the  preceeding  section,  the 
council  shall  by  ordinance,  before  any  steps  are  taken  to  em- 
panel a  jury,  determine  and  prescribe  the  limits  within  which 
private  property  shall  be  deemed  benefitted  by  the  proposed 
improvement,  and  be  assessed  and  charged  to  pay  compensa- 
tion therefor ;  and  thereupon  the  city  engineer  shall  make  out 
and  deliver  to  the  mayor  a  statement,  by  plat,  map  or  other- 
wise, containing  a  correct  description  of  the  several  lots  or 
parcels  of  property  deemed  benefitted  and  to  be  assessed  to 
pay  compensation,  as  provided  by  ordinance  as  aforesaid,  and 
containing  also  the  names  of  the  owners  or  claimants  of  such 
lots  or  parcels  of  property,  or  of  any  interest  or  estate  therein, 
who  may  be  such  at  the  time  of  the  passage  of  the  ordinance 
providing  for  the  taking  of  such  property.  The  mayor  shall 
thereupon,  by  order,  appoint  a  day  or  place  for  empaneling  a 
jury  to  ascertain  the  compensation  for  the  property  to  be  taken, 
and  to  make  assessments  to  pay  the  same.  The  city  clerk 
shall  then  issue  a  notice,  under  his  hand  and  seal  of  the  city, 
which  shall  give  the  names  of  the  owners  of  the  property  to 
be  taken  and  state  that  their  property  will  be  taken 
for  the  purpose  specified  in  the  ordinance,  giving  the 
title  and  date  of  approval  thereof,  and  that  a  jury  will  be  em- 
paneled to   make  such  assessment  on  the  day  and  at  the  place 


CHARTER.  67 

fixed  by  the  mayor.  Each  property  owner  shall  be  served 
with  the  notice  in  which  the  name  of  such  owner  is  given, 
either  by  delivery  to  such  owner  of  a  copy  of  the  notice,  or 
leaving  such  copy  for  such  owner  at  the  usual  place  of  abode  of 
such  owner,  with  some  member  of  the  family  of  such  owner 
over  the  age  of  fifteen  years — corporations  to  be  served  in  like 
manner  as  with  summons  in  ordinary  civil  actions — or  if  ser- 
vice cannot  be  made  on  all  or  any  of  the  parties,  as  aforesaid, 
within  the  city  limits,  the  return  shall  so  state,  and  the  return 
on  such  notice  shall  be  prima  facie  evidence  of  facts  stated 
therein;  thereupon  a  copy  of  the  notice  not  fully  served, 
or  if  necessary,  an  alias  notice,  specifying  a  different  day  to  be 
fixed  by  the  mayor  for  empaneling  a  jury,  shall  be  published 
for  four  weeks  before  the  day  fixed  for  empaneling  the  jury,  in 
the  newspaper  for  the  time  doing  the  city  printing.  The 
mayor  may  continue  the  matter  of  empaneling  a  jury  from 
time  to  time,  and  cause  new  notices  to  be  issued  or  published 
for  owners  named  by  the  engineer  or  others  interested,  until 
jurisdiction  of  the  proper  parties  is  obtained.  An  afifiaavit  of 
any  publisher  of  any  notice,  accompanied  with  a  copy  of  the 
notice,  shall  be  evidence  of  the  fact  of  publication  as  stated 
therein.  Service  of  the  notice  shall  be  made  at  least  six  days 
before  the  jury  shall  be  empaneled  ;  publication  shall  be  suf^c- 
ient  if  made  for  four  weeks  next  preceding  the  empaneling  of 
the  jury.  It  shall  be  suflficient  to  bring  in  the  owners  of  prop- 
erty who  may  be  such  at  the  date  of  the  passage  of  the  ordi- 
nance providing  for  the  improvement,  and  all  parties  claiming 
or  holding  through  or  under  such  owners  or  any  of  them,  shall 
be  bound  by  the  proceedings  without  being  brought  in ;  in  re- 
spect of  any  property  affected  by  the  proceedings  through  any 
or  all  of  the  parties  claiming  or  holding  through  or  under  such 
owners,  or  any  of  them,  may  be  joined  on  their  own  motion, 
or  be  brought  in  on  order  of  the  mayor. 

Sec.  116.  The  jury  shall  first  ascertain  the  actual  damage 
done  to  each  person  or  corporation  in  consequence  of  taking 
their  property  for  such  purposes,  without  reference  to   the   pro- 


68  CHARTER. 

posed  improvement,  as  the  just  compensation  to  be  made  there- 
for;  and  second,  to  pay  compensation,  assess  against  the  city 
the  amount  of  benefit  to  the  city  and  pubHc  generally,  inclusive 
of  benefits  to  any  property  of  the  city,  and  against  the  several 
lots  and  parcels  of  private  property  deemed  benefited,  as  de- 
termined according  to  the  last  section,  by  the  proposed  improve- 
ment, the  balance  of  such  compensation — each  lot  or  parcel  of 
ground  to  be  assessed  with  an  account  bearing  the  same  ratio  to 
such  balance  as  the  benefit  to  each  lot  or  parcel  of  ground  bears 
to  the  whole  benefit  to  all  the  private  property  assessed.  Par- 
ties interested  may  submit  proof  to  the  jury,  and  the  latter  shall 
examine,  personally,  the  property  to  be  taken  and  assessed. 
The  verdict  of  the  jury  shall  be  signed  by  each  juror  and  de- 
livered to  the  mayor,  and  contain  a  correct  dpscription  of  each 
lot  or  parcel  of  property  to  be  taken,  the  names  of  the  owners 
or  claimants,  and  the  value  thereof,  and  also  the  amount  as- 
sessed against  the  city,  together  with  a  correct  description  of 
each  lot  or  parcel  of  private  property  assessed,  and  the  amount 
assessed  against  the  same,  and  the  names  of  the  owners  thereof. 
The  city  engineer  and  city  attorney  shall,  when  required  by  the 
mayor,  aid  the  jury  to  put  their  vCxdict  in  proper  form ;  and 
they  shall  not  be  discharged  until  the  mayor  is  satisfied  the  ver- 
dict is  correct  in  form.  The  mayor  may  adjourn  the  proceed- 
ings from  time  to  time,  until  the  matter  is  completed.  If  the 
jury  cannot  agree,  the  mayor  may  discharge  them,  and  may 
proceed  to  empanel  another  jury  to  perform  the  duties  devolv- 
ing on  a  jury  by  this  article,  and  no  notice  to  parties  interested 
shall  be  necessary  beyond  the  order  of  the  mayor,  recorded  by 
the  clerk;  but  the  order  to  empanel  a  new  jury  must  be  made 
and  recorded  on  the  day  of  discharging  any  jury,  and  fix  the 
time  and  place  for  empaneling  a  new  jury,  or  nothing  further 
shall  be  done  under  the  ordinance.  No  compensation  shall  be 
made  to  any  property  owner  who  petitions  for  proceedings 
under  this  article. 

Sec.    117.      When  any  one  or  more  of  the  owners  of  property 
which  it  may  be  necessary  to  take  for  public  use  in  the  opening, 


CHARTER.  69 

widening  or  extending  any  street,  avenue,  alley,  wharf,  park  or 
route  for  sewer,  by  virtue  of  any  ordinance  of  the  city  opening 
any  such  street,  alley,  avenue,  wharf,  park  or  route  for  sewer, 
shall  propose  to  relinquish  such  properly  without  claim  or  dam- 
ages, on  condition  of  exemption  from  payment  of  benefits  for 
such  improvements,  or  other  conditions,  the  council  may  be 
authorized  to  compromise  or  agree  with  such  persons,  and  to 
remit,  abate  and  exempt  from  the  payment  of  damages,  on  con- 
dition of  benefits,  wholly  or  partly,  as  equity  may  seem  to  re- 
quire, and  proceed  to  condemn  such  other  property  as  may  not 
be  relinquished  for  the  purpose,  and  to  assess  the  damages  and 
benefits  therefor,  to  and  upon  such  other  persons  and  property 
as  may  be  damaged  or  benefited  by  such  improvements,  any- 
thing contained  in  this  article  to  the  contrary  notwithstanding. 
Sec.  118.  The  mayor  shall,  after  the  rendition  of  ;he 
verdict,  report  the  same,  together  with  the  proceedings  under 
the  last  section,  to  the  council;  and  if  the  same  be  not  confirmed 
within  sixty  days  from  the  making  of  such  report,  the  proceed- 
ings and  verdict  shall  be  void,  and  new  proceedings  may  be  in- 
stituted at  any  time  after  the  expiration  of  eight  months  from 
the  making  of  such  report.  If  the  council,  by  ordinance,  con- 
firm(ed)  the  verdict  and  proceedings  under  the  two  preceding 
sections,  within  sixty  days  from  the  report  of  the  mayor,  an 
appropriation  shall  be  made  to  pay  such  sum  as  has  been  as- 
sessed against  the  city;  and  the  amounts  assessed  by  the  jury 
against  the  property  shall  be  a  lien  on  the  several  lots  and 
parcels  of  property  charged,  from  the  day  the  ordinance  pro- 
viding for  the  improvement  takes  effect  until  paid  and,  if  not 
paid  within  thirty  days,  [after]  the  confirmation,  shall  bear  in- 
terest at  the  rate  of  fifteen  per  cent,  per  annum  from  the  con- 
firmation of  the  verdict,  and  shall  be  collected  by  the  city  as 
provided  by  ordinance,  by  suit  or  otherwise,  as  any  other  spe- 
cial tax,  or  by  special  execution  as  follows,  viz:  A  special  tax- 
bill  may  be  issued  by  the  city  clerk,  under  his  hand  and  seal  of 
the  city,  against  any  lot  or  parcel  of  ground  assessed,  which  bill 
shall    contain   a   description  ot  such  lot  or  parcel  of  ground,  the 


70  CHARTER. 

names  of  the  owners  thereof,  and  the  amount  assessed  against 
the  same,  as  appears  by  the  verdict,  and  state  that  the  assess- 
ment has  been  made  to  pay  compensation  for  private  property 
taken  for  the  purpose  specified  in  the  ordinance  providing  for 
the  improvement,  giving  the  title  and  date  of  approval  thereof, 
and  that  such  assessment  has  been  confirmed  by  ordinance,  giv- 
ing the  title  and  date  of  approval  of  same;  and  the  amount  of 
such  assessment  shall  bear  interest  as  herein  provided.  Each 
tax-bill  so  issued  shall  be  filed  in  the  office  of  the  clerk  of  the 
circuit  court  of  >the  county  in  which  such  city  is  located,  and  by 
such  clerk  recorded  and  indexed  as  a  judgment  in  favor  of  the 
city  against  the  property  described  in  the  bill.  At  any  time 
after  the  filing  and  recording  of  any  such  tax-bill  as  aforesaid, 
a  special  execution  my  be  issued  thereon  out  of  said  circuit 
court  in  vacation  or  teim  time,  as  on  a  judgment  of  the  court 
in  favor  of  the  city ;  which  execution  shall  recite  the  tax-bill  or 
the  record  thereof,  and  state  when  the  bill  was  filed,  and  be  di- 
rected to  the  sheriff  of  such  county,  and  command  him,  in  case 
the  assessment,  interest  and  costs  be  not  paid  to  him,  to  sell  the 
property  therein  described,  or  so  much  thereof  as  maybe  neces- 
sary to  pay  such  assessments,  interests  and  cost<.  The  pro- 
ceedings under  such  special  execution  shall,  as  far  as  practica- 
ble, conform  to  the  proceedings  on  special  executions  on  ordi- 
nary judgment  foreclosing  liens  on  lands.  Any  sale,  including 
the  making  of  a  deed  by  the  sheriff  to  the  purchaser,  made  as 
aforesaid,  shall  vest  in  the  purchaser  all  the  right,  title,  interest 
and  estate  in  the  land  of  the  parties  named  as  owners  in  the 
tax-bill,  who  have  not  paid  their  share  of  the  assessment,  and 
all  parties  claiming  through  or  under  them  or  any  of  them  by 
operation  of  law  or  otherwise,  shall  be  bound  thereby.  Tax- 
bills  filed  and  recorded  as  aforesaid  shall  be  subject  to  the  order 
of  the  circuit  court,  and  may  be  set  aside,  or  the  amount  of  the 
assessment  reduced,  on  motion  of  any  party  interested  in  the 
property  assessed,  the  city  having  reasonable  notice  of  the  filing 
of  such  motion  and  the  object  thereof  If  no  title  can  be  ac- 
quired   under  the  proceedings  to  any  of  the  property  sought  to 


CHARTER.  71 

be  taken,  the  court  shall  set  aside  any  bill  and  assessment  on 
motion.  If  by  reason  of  any  defect  or  omission  in  the  proceed- 
ing the  city  cannot  acquire  title  or  right  to  any  particular  parcel 
of  property,  or  to  any  interest  in  any  parcel  of  property  sought 
to  be  taken,  the  court  shall,  on  the  facts  being  made  to  appear, 
reduce  the  assessment  by  deducting  therefrom  so  much  thereof 
as  was  assessed  on  account  of  the  property  or  interest  in  the 
property  sought  to  to  be  taken,  but  not  acquired,  to  be  deter- 
mined, as  far  as  practicable,  from  the  verdict  of  the  jury  making 
the  assessment,  and  award  execution  for  the  residue.  No  assess- 
ment shall  be  affected  or  interfered  with  for  the  reason  that  any 
other  assessment  or  assessments  made  in  the  same  proceedings 
may  be  invalid  in  whole  or  in  part.  Executions  and  proceed- 
ings thereon  shall  be  under  the  control  of  the  circuit  court  or 
judge  thereof,  as  in  ordinary  civil  cases.  The  owner  of  any  in- 
dividual interest  in  any  lot  or  parcel  of  property  assessed  may 
pay  his  share  separately.  No  sale  on  execution,  or  any  special 
tax-bill,  shall  be  affected  or  invalidated  because  there  may  have 
been  ground  to  set  aside  or  reduce  the  bill.  In  the  case  of  the 
death  of  any  property-owner,  pending  any  proceedings  under 
this  article,  it  shall  not  be  necessary  to  bring  in  his  representa- 
tive to  revive  judgment  against  him,  though  it  may  be  done  if 
advisable.  The  city  may  resort  to  all  or  any  of  the  modes  of 
collecting  such  assessments  at  the  same  time,  but  shall  have 
only  one  satisfaction.  Money  collected  on  such  assessments 
shall  be  used  only  to  pay  such  compensation,  and  interest  col- 
lected shall  be  apportioned  and  paid  equitably  to  the  owners  of 
the  property  taken. 

Sec.  1 19.  In  case  the  city  or  any  defendant  to  such 
proceedings  shall  feel  aggreived  by  the  verdict  of  the  jury,  such 
party  so  aggreived  may,  within  twenty  days  from  the  time  the 
verdict  of  the  jury  is  confirmed  by  the  council,  appeal  to  the 
circuit  court  in  and  for  the  county  in  which  such  city  is  located. 
If  the  appeal  is  taken  by  either  party  the  same  shall  be  taken 
and  perfected  by  the  filing  with  the  clerk  of  the  city,  within  the 
time  aforesaid,    such   an  afifidavit  as   is  required   by  law  in  ap- 


72  CHARTER. 

pealing  from  the  judgment  of  a  justice  of  the  peace.  If  an 
appeal  is  so  taken,  the  clerk  of  said  city  shall,  within  fifteen 
days  from  the  taking  of  such  appeal,  file  a  complete  transcript 
of  the  proceedings,  and  all  papers  filed  and  used  in  the  trial, 
certified  by  him,  with  the  circuit  court;  and  said  curcuit  court 
shall  thereupon  become  possessed  of  the  cause,  and  said  cause, 
unless  dismissed,  shall  be  tried  de  novo  in  said  court,  and  the 
parties  thereto  shall  have  a  speedy  trial  thereof,  and  to  that  end 
said  cause  shall  have  precedence  over  all  other  causes ;  and  if 
necessary  to  a  full  determination  of  any  questson  arising  in  said 
cause,  the  circuit  court  shall  have  power  to  make  and  bring  in 
other  parties  to  such  proceedings,  on  service  of  notice  upon 
them  for  six  days,  or  by  publishing  a  notice  to  them  for  the 
same  length  of  time  in  any  daily  newspaper  published  in  the 
city,  and  the  parties  so  made  by  either  kind  of  notice,  and  all 
persons  claiming  under  them,  shall  be  bound  by  such  proceed- 
ings ;  and  if  such  appeal  is  taken  within  fifteen  days  preceding 
any  term  of  circuit  court  in  said  city,  it  shall  stand  for  trial  at 
such  term;  and  if  appealed  during  the  sitting  of  such  court,  the 
case  shall  be  immediately  docketed  upon  the  filing  of  the  tran- 
script, and  stand  for  trial,  and  shall  at  the  same  term  and  shall 
always  stand  for  trial,  and  shall  not  in  any  case  be  continued  to 
any  succeeding  term,  but,  for  good  cause,  may  be  postponed 
from  week  to  week,  in  the  discretion  of  the  circuit  judge;  and 
the  said  circuit  court  shall  always  be  open  for  the  trials  of 
appeals  in  such  cases,  and  the  judge  of  the  said  circuit  court 
shall  have  power,  and  it  shall  be  his  duty,  to  hold  a  sitting  of 
the  court  for  the  speedy  trial  thereof,  at  the  court-house  in  said 
city,  at  any  time  in  vacation,  and  summon  a  jury  before  him, 
unless  a  jury  is  waived,  for  the  trial  of  such  appeals — only  such 
trials  to  be  had  in  all  respects  and  subject  to  the  same  rules  and 
the  same  law,  as  other  trials  had  in  the  circuit  court,  and  the 
same  record  thereof  made  and  kept.  The  verdict  of  the  jury, 
or  the  finding  of  the  circuit  judge  sitting  as  a  jury,  as  the  case 
may  be,  shall  conform  in  all  respects  to  the  requirements  for 
the  government  of  the  jury  making  the  first  assessment,  and  the 


CHARTER.  73 

verdict  shall  have  the  same  force  and  effect  as  is  provided  in 
regard  to  said  first  verdict,  and  shall  be  binding  on  the  parties, 
and  the  assessment  against  private  property  shall  be  paid  in  the 
same  time,  and  until  paid,  bear  the  same  rate  of  interest  as  is 
above  provided  ;  and  the  amount  assessed  by  the  jury  against 
property  shall  be  a  lien  on  the  several  parcels  of  property 
charged,  from  the  day  the  ordinance  for  the  improvement  takes 
effect  until  paid  ;  and  if  such  assessments  are  not  paid  within 
ten  days  from  the  riling  of  the  verdict  of  the  jury,  a  special 
execution  shall  issue  against  the  several  lots  or  parcels  of  land 
against  which  assessments  for  benefits  are  so  made,  which  exe- 
cution shall  specify  and  show  a  description  of  the  lot,  the 
Oivner  thereof,  and  the  amount  assessed  against  the  same,  as 
shown  by  the  verdict  of  the  jury,  and  state  that  the  assessment 
has  been  made  to  pay  compensation  for  private  property  taken 
for  the  purpose  specified  in  the  ordinance  providing  for  the 
improvement,  and  be  directed  to  the  sheriff  of  such  county,  and 
commanding  him,  in  case  said  assessment,  interest  and  costs  be 
not  paid  to  him,  to  sell  the  property  therein  described,  or  so 
much  thereof  as  may  be  necessar}-  to  pay  such  assessment, 
interests  and  costs.  The  proceedings  under  said  execution 
making  a  deed  to  the  purchaser,  shall  conform  to  ordinary  pro- 
ceedings on  special  executions  issuing  out  of  said  cour*"  in 
ordinary  cases ;  and  the  said  proceedings,  sale  and  deed  shall 
have  the  same  effect  and  force  as  is  stated  in  section  1 18.  Said 
execution  shall  issue  in  favor  of  said  city,  and  when  paid,  the 
money  shall  be  held  by  said  city  as  a  special  fund  for  the  pay- 
ment of  damages  assessed  for  property  taken  under  said  pro- 
ceedings. On  appeal  under  this  section,  the  jury  shall  consist 
of  six  men,  freeholders  of  the  city,  and  any  finding  or  verdict 
in  that  court  shall,  unless  set  aside  for  good  cause,  be  confirmed, 
and  judgment  entered  thereon,  that  the  city  have  and  hold  the 
property  sought  to  be  taken  for  the  purposes  specified  in  the 
ordinance  providing  for  the  improvement,  and  pay  therefor  the 
amount  assessed  against  the  city,  and  full  compensation  assessed 
therefor,  and  that  the  several  lots  and  parcels  of  private  prop- 


74  CHARTER. 

erty  assessed  tc  pay  compensation  by  the  verdict  or  finding 
stand  charged  and  be  bound,  respectively,  for  the  payment  of 
assessments,  with  interest  as  provided  in  this  article;  and  such 
judgment  shall  be  enforced  by  special  execution  to  collect 
assessments  as  aforesaid,  without  special  tax  bills;  and  the  court 
or  judge  may,  by  execution  or  otherwise,  put  the  city  in  pos- 
session of  the  property  taken,  or  any  part  thereof,  the  full  com- 
pensation therefor  being  paid  or  tendered.  Appeals  shall  be 
taken  to  said  circuit  court  of  the  district  in  which  such  city  is 
located,  and  the  court  shall  tax  and  charge  costs  in  appeals 
according  to  equity. 

Sec.  120.  As  soon  as  practicable  after  the  confirmation 
of  any  verdict  by  the  council,  the  city  clerk  shall  file  a  full 
record,  in  a  book  provided  for  that  purpose,  of  such  proceed- 
ings, which  record  shall  contain  correct  copies  of  all  ordinances 
constituting  a  part  of  the  proceedings,  ihe  notices  to  the  parties 
to  the  proceedings,  and  returns  thereon;  all  notices  published 
and  the  proof  thereof,  all  orders  by  the  mayor,  the  names  of 
the  jurors  and  when  empaneled,  and  the  verdict  of  the  jury, 
and  such  other  documents  and  matters  as  the  ordinances  of  the 
city  may  require.  The  mayor  shall  examine  such  final  record  of 
such  proceedings,  and,  if  it  be  correct,  sign  the  same;  and  there- 
after such  record,  or  copy  thereof,  certified  by  the  city  clerk, 
under  his  hand  and  the  seal  of  the  city,  shall  be  competent  evi- 
dence in  all  courts  of  this  State  of  facts  stated  therein.  The 
original  papers  shall  be  carefully  preserved  by  the  city  clerk. 
The  city  shall  pay  all  costs  of  the  proceeding  to  take  private 
property,  except  costs  of  the  proceedings  to  collect  assessments, 
which  shall  be  taxed  and  paid  as  costs  in  ordinary  cases.  If 
the  city  fail  to  collect  any  assessment,  in  whole  or  in  part,  it 
may  pay  the  amount  so  not  collected  out  of  the  city  treasury. 
The  compensation  of  officers  for  services  rendered  in  pursuance 
of  the  foregoing  sections  shall  be  fixed  by  ordinance. 

Sec.  12  1.  Whenever  it  is  deemed  necessary  by  the  coun- 
cil to  change  the  name  of  any  street  or  avenue,  the  council  shall, 
by  resolution,  declare  such  proposed  change  of  name   necessary 


CHARTER.  75 

to  be  made,  and  shall  cause  such  resolution  to  be  published  at 
least  one  week  in  some  newspaper  published  in  the  city;  and  if, 
within  lour  weeks  after  such  publication,  a  majority  of  the  resi- 
dent property  owners  along  the  line  of  such  street  or  avenue  do 
not  file  with  the  city  clerk  '.heir  written  protest  against  .such 
proposed  change  of  name,  then  the  council  shall  have  power  by 
ordinance  to  change  the  name  of  such  street  or  avenue  in  ac- 
cordance w  th  the  terms  of  such  resolution;  and  upon  the  pas- 
sage and  approval  of  such  ordinance,  the  city  clerk  shall  file 
with  the  recorder  of  deeds  of  the  proper  county  a  certified  copy 
of  such  ordinance,  and  such  recorder  shall  enter  the  same  upon 
the  records  of  such  county. 

Sec.  122.  For  any  purpose  or  purposes  mentioned  in  the 
preceding  sections,  the  council  shall  have  power  to  enact  and 
make  all  necessary  ordinances,  rules  and  regulations;  and  they 
shall  also  have  power  to  enact  and  make  all  such  ordinances  and 
rules,  not  inconsistent  with  the  laws  of  the  State,  as  may  be  ex- 
pedient for  maintaining  the  peace  and  good  government  and 
welfare  of  the  city  and  its  trade  and  commerce ;  and  all  ordi- 
nances may  be  enforced  by  prescribing  and  inflicting  upon  its 
inhabitants,  or  other  persons  violating  the  same,  such  fine  not 
exceeding  one  hundred  dollars,  and  such  imprisonment,  not  ex- 
ceeding three  months,  or  both  such  fine  and  imprisonment,  as 
may  be  just  for  any  offense,  recoverable  with  costs  of  suit,  to- 
gether with  judgment  of  inprisonment,  until  the  fine  and  co-ts 
are  paid  or  satisfied  ;  and  any  person  committed  for  the  non- 
payment of  fine  and  costs,  or  either,  may  be  compelled  to  work 
out  the  same  as  hereinbefore  provided :  Provided,  that  such 
city  shall  have  power,  in  any  case  wherein  the  penalty  for  an 
offense  is  fixed  by  any  statute,  to  afifix  the  same  penalty  by  ordi- 
nance, and  no  other,  for  the  punishment  of  such  offense,  except 
that  imprisonments,  when  made  under  city  ordinances,  may  be 
in  the  city  prison  or  work-house  insiead  of  the  county  jail. 

Sec.  123.  Any  person  who  shall  violate  any  of  the  pro- 
visions of  this  act,  for  the  violation  of  which  no  punishment  has 
been  provided,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  shall  be  punished  according  to  law. 


76  CHARTER. 

Sec  124.  The  repealing  of  article  4,  of  chapter  30,  of 
the  Revised  Statutes  of  1889,  and  all  amendments  thereto,  by 
this  act,  and  passage  of  this  act  in  lieu  thereof,  shall  in  nowise 
affect  the  organization  of  cities  operating  under  the  laws  so  re- 
pealed, as  cities  of  the  third  class,  nor  shall  it  require  the  [re"]- 
organization  of  any  such  cities,  but  they  shall  continue  as  before 
in  every  respect,  only  observing  the  changes  herein  made,  and 
the  present  recorders  in  such  cities  shall,  during  thefr  ofificial 
terms,  discharge  the  duties  of  police  judges,  as  in  this  act  pro- 
vided. 

Sec.  125.  The  laws  for  the  government  of  cities  of  the 
third  class  in  this  State  being  defective  and  inadequate,  and  the 
general  municipal  elections  of  such  cities  being  near  at  hand,  an 
emergency  exists  within  the  meaning  of  the  constitution,  requir- 
ing this  act  to  take  effect  immediately;  therefore,  this  act  shall 
take  effect  and  be  in  force  and  effect  from  and  after  its  passage 
and  approval. 

Approved  April  19,   1893. 


MISCELLANEOUS.  J  J 


MISCELLANEOUS. 


ADOPTION   OF  THIRD  CLASS  CHARTER. 

An  Ordinance  providing  for  the  incorporation  of  the   City  of 
SedaHa    under,   by   virtue  of,    and   in  accordance  with  the 
general  charter,  as  provided  by  law  for  cities  and  towns    in 
this    State   containing   five   thousand    and   less  than  twenty 
thousand  inhabitants. 
Be  it  ordained  by  the  Mayor  and  Board  of  Aldermen  of  the  City 
of  Sedalia,  iMissouri,  as  follows,  to-wit: 
Section    i.      That  the  City  of  Sedalia,   Missouri,    be,    and 
the  same  is  hereby  incorporated  under  and  by  virtue  of  the  gen- 
eral  charter,   as  provided   by   law,    for  cities  and  towns  of  this 
State,  containing  five  thousand  and  less  than   twenty   thousand 
inhabitants. 

Sec.  2.  This  ordinance  shall  take  effect  and  said  city 
shall  become  a  city  of  the  third  class,  and  shall  work  under  and 
be  governed  by,  the  charter  provided  for  cities  of  the  third  class 
in  this  State  from  and  after  the  22nd  day  of  March,  A.  D.  1 886  ; 
Provided,  this  ordinance  shall  be  ratified  by  a  majority  of  the 
legal  voters  of  said  city,  at  an  election,  to  be  held  in  said  city, 
on  said  22nd  day  of  March,  1886,  at  such  place  or  places  as  the 
mayor  of  said  city  may  designate;  said  election  to  be  conducted 
by  judges  to  be  appointed  by  the  mayor  of  said  city.  The 
manner  of  voting  shall  be  by  ballot  which  said  ballot  shall  con- 
tain the  following  words,  viz:  *Tn  favor  of  incorporating  the 
City  of  Sedalia,  Missouri,  as  a  city  of  the  third  class  Yes. 
No."  And  if  a  majority  of  those  voting  at  said  election  vote 
Yes,  then  said  ordinance  shall  be  considered  ratified. 


78  MISCELLANEOUS. 

Sec.  3.  The  expense  of  said  election  shall  be  borne  by 
said  City  of  Sedalia.  Passed  by  the  board  of  aldermen  March 
ist,  1886. 

Jno.  D.  Russel,  President. 

Approved  March  2nd,  1886. 

John  B.  Rickman,  Mayor. 

An  election  was  held  under  the  provisions  of  the  above  or- 
dinance and  carried  by  the  necessary  and  requisite  vote,  since 
which  time  the  city  has  been  working  and  operated  under  the 
general  law  for  .the  government  of  third  class  cities. 


EXTENSION   OF  CITY  LIMITS. 

An   Ordinance  providing  for  the  extension  of  city  limits. 
Be  it  ordained  by  the  Council  of  the  City  of  Sedalia,  as  follows, 
to-wit: 

Section  i  .  That  the  limits  of  the  City  of  Sedalia  are 
hereby  extended,  so  that  the  boundary  line  of  the  limits  of  the 
City  shall  hereafter  be  as  follows :  Commencing  at  the  north- 
west corner  of  the  south-east  quarter  of  the  north-west  quarter 
of  section  thirty-five,  in  township  forty-six,  and  range  twenty- 
one  in  Pettis  County  and  State  of  Missouri;  thence  west  along 
the  government  line  to  the  north-west  corner  of  the  southeast 
quarter  of  the  northeast  quarter,  in  section  thirty-two,  in  said 
township  forty-six,  and  range  twenty-one  in  said  county; 
ihence  south  along  the  government  line  to  the  north-west  cor- 
ner of  the  south-east  quarter  of  the  south-east  quarter  in  sec- 
tion eight,  in  township  forty-five,  and  range  twenty-one,  in  said 
county  ;  thence  east  along  the  government  line  to  the  north- 
west corner  of  the  south-east  quarter  of  the  south-west  quarter 
of  section  eleven,  in  said  township  forty-five,  and  range 
twenty-one  in  said  county ;  thence  north  along  the  government 
line  to  the  south  line  of  Broadway  and  city  limits ;  thence  east 
one  hundred  and  ninety  feet,  more  or  less,  to  a  rock  marking 
the   corner   of  front   corporation    limit;    thence  north  along  the 


MISCELLANEOUS.  79 

city  limits  to  the  northeast  corner  of  Heard's  first  addition  to 
East  SedaHa;  thence  west  to  the  southeast  corner  of  the 
south-west  quarter  of  the  south-west  quarter  of  sec- 
tion thirty-five,  township  forty-six  and  range  twenty-one ; 
thence  north  to  the  north-west  corner  of  the  south- 
west quarter  of  the  north-west  quarter,  in  section  thirty- 
five  in  township  forty-six  and  range  twenty-one,  to  the  place  of 
beginning. 

Sec.  2.  There  shall  be  held  an  election  in  the  various 
wards  throughout  the  city  on  Tuesday,  29th  day  of  May,  1888, 
for  the  purpose  of  obtaining  the  consent  of  the  legal  voters  of 
the  city,  to  the  extension  of  the  limits  of  the  city,  provided  by 
section  i,  of  this  ordinance. 

Said  election  shall  be  held  at  such  places  in  the  various 
wards  as  shall  be  designated  by  the  mayor ;  and  the  mayor 
shall  appoint  the  necessary  judges  and  clerks  and  furnish  bal- 
lots, poll  books  and  ballot  boxes,  and  shall,  by  proclamation, 
give  notice  of  said  election,  which  proclamation  of  the  mayor, 
shall  be  published  for  fifteen  days  in  the  Sedalia  Daily  Demo- 
crat, a  newspaper  published  in  the  city  and  doing  the  city  print- 
ing, and  such  other  newspapers  published  in  the  city  as  the 
mayor  may  select,  and  said  election  shall  in  all  other  respects  be 
held  under  the  provisions  of  the  general  election  laws  of  the  State, 
and  the  result  of  the  election  shall  be  spread  by  the  city  clerk 
upon  the  records  of  the  city  council,  and  the  result  shall  be  pro- 
claimed by  the  mayor,  within  two  days  after  the  election,  in  the 
paper  doing  the  city  printing. 

Sec.  3.  All  persons  voting  at  the  election  held  under  the 
provisions  of  this  ordinance  who  are  against  the  extension  of  the 
city  limits,  as  provided  in  this  ordinance,  shall  have  written  or 
printed  on  their  ballots  "Against  the  Extension  of  the  City 
Limits,"  and  all  who  are  in  favor  of  the  extension  of  the  city  lim- 
its as  provided  in  this  ordinance,  shall  have  written  or  printed 
on  their  ballots,  "For  the  Extension  of  the  City  Limits." 


8o  MISCELLANEOUS. 

Sec.   4.      This  ordinance  shall  take  effect  and   be   in  force 
from  and  after  its  passage. 

Jno.  D.  Crawford, 
Mayor  and  President  of  Council. 
[Attest.] 

A.  H.  Thompson,  City  Clerk. 
Approved  this  iith  day  of  May,   1888. 

Jno.  D.  Crawford,  Mayor. 


FRANCHISES. 

An  Ordinance  to  provide  for  a  supply  of  water  for  the  City 
of  Sedalia,  and  the  inhabitants  thereof. 

Be  it  ordained  by  the  Council  of  the  City  of  Sedalia,  as  follows, 
to-wit  : 

Section  i  .  That  there  is  hereby  given  and  granted  to  Quig- 
ley  &  Co.,  of  St.  Louis,  their  successors  or  assigns  the  exclusive 
right  and  privilege  for  the  term  of  twenty-one  years,  from  the 
date  of  the  passage  and  approval  of  this  ordinance,  of  supply- 
ing the  City  of  Sedalia,  in  the  State  of  Missouri,  with  water 
for  the  prevention  and  extinguishment  of  fires,  and  for  all 
other  purposes  for  which  water  may  be  used  in  accordance  with 
the  terms  and  conditions  set  forth  in  this  ordinance. 

Sec.  2.  The  said  Quigley  &  Co.,  their  successors  or  as- 
signs, are  hereby  authorized  to  establish,  construct,  maintain 
and  operate  said  works,  in  or  adjacent  to  the  City  of  Sedalia, 
to  receive,  take,  store,  purify,  conduct  and  distribute  said  water 
through  the  city,  to  construct  and  extend  aqueducts,  mains  and 
pipes  through  any  or  all  the  streets,  alleys,  lanes  and  public 
grounds,  and  cross  any  stream  or  bridge  in  said  city;  to  erect 
and  maintain  all  engines,  machinery  and  other  appliances  neces- 
sary for  the  conducting  and  for  supplying  the  said  city  and  the 
inhabitants  thereof  with  water  for  the  purposes  herein  men- 
tioned,   and   for   such    purposes  the   said   Quigley  &  Co  ,  their 


MISCELLANEOUS.  8 1 

successors  or  assigns,  shall  have  the  exclusive  right  to  take  up 
any  pavements  or  sidewalks  in,  or  adjacent  to  said  city,  and 
make  such  excavations  as  may  be  necessary  to  lay,  repair  and 
maintain  aqueducts,  mains  and  pipes  below  the  surface  of  the 
ground  for  conveying  and  distributing  the  water  as  aforesaid,  in 
and  through  the  present  and  future  limits  of  the  City  of  Sedalia, 
subject  to  the  approval  of  the  street  and  alley  committee: 
Provided,  that  the  said  Quigley  &  Co.,  their  successors  or  as- 
signs, shall  suitably  guard  and  protect  such  excavations,  so  as 
to  prevent  injury  to  persons  and  property  by  reason  thereof; 
and  shall  hold  the  city  harmless  from  all  damages  arising  there- 
from ;  and  provided  further,  that  such  excavations  shall  be  re- 
filled and  such  pavements  and  sidewalks  be  replaced  in  as  good 
condition  as  before,  and  as  soon  as  possible  thereafter  as  the 
circumstances  will  permit.  All  rights  and  liabilities  herein  pro- 
vided shall  be  in  force  during  the  term  and  continuance  of  this 
franchise. 

Sec.  3.  The  fire  hydrants  to  be  put  in  under  the  provisions 
of  this  ordinance,  shall  be  at  such  points  on  the  present  or  im- 
proved lines  ot  the  mains  as  may  be  designated  by  the  mayor 
and  city  council.  All  mains  to  be  put  in  shall  be  of  standard 
weight  and  strength  water  pipe,  and  covered  by  sufficient  depth 
of  earth  to  prevent  freezing. 

The  pumping  machinery,  stand  towers  and  reservoirs  shall 
be  as  follows:  The  aggregate  pumping  capacity  of  machinery 
to  be  placed  in  said  works  shall  be  not  less  than  four  and  one- 
half  million  (4,500,000)  gallons  in  twenty-four  hours.  Said 
pumping  machinery  shall  be  of  the  most  approved  pattern. 
There  shall  not  be  less  than  four  steel  boilers  placed  in  such 
water  works,  and  so  constructed  that  they  may  be  operated 
either  separately  or  together;  and  said  boilers  shall  be  of  such 
size  and  capacity,  that  any  two  of  which  with  easy  firing  shall 
be  capable  of  running  all  of  said  machinery. 

There  shall  be  not  less  than  two  steel  towers  erected  in 
different  parts  of  the  city,  thereby  equalizing  the  presure  on 
the  mains,  neither  of  which  shall  be  less  than  one  hundred  and 


82  MISCELLANEOUS. 

twenty-five  (125)  feet  high,  and  have  a  capacity  of  not  less 
than  one  hundred  and  fifty  thousand  (150,000)  gallons. 

Stand  towers  to  be  erected  on  a  masonry  foundation,  laid  in 
cement,  not  to  exceed  three  feet  above  the  surface  of  the 
ground.  Base  of  stand  towers  to  be  anchored  to  the  masomy 
by  not  less  than  six  brackets,  that  shall  extend  not  less  than  six 
feet  from  sides  of  tower.  The  outer  ends  of  the  brack- 
ets to  be  secured  to  heavy  cast  iron  bed  plates  under  masonry, 
not  less  than  twelve  feet  below  base  of  tower. 

The  bases,  and  tops  of  stand  towers  shall  be  tastefully  orna- 
mented. The  present  dam,  or  reservoir  shall  be  not  less  than 
doubled. 

There  shall  be  constructed  in  addition  to  the  above  a  settling 
reservoir,  which  shall  have  a  capacity  of  not  less  than  fifty  mil- 
lion gallons  of  water. 

There  shall  be  erected  in  addition  to  the  machinery  herein- 
before mentioned,  low  service  pumping  machinery,  of  not  less 
than  five  millions  (5,000,000)  gallons  capacity  in  twenty-four 
hours,  for  the  purpose  of  pumping  water  from  the  storage  res- 
ervoir into  the  settling  reservoir. 

All  water,  after  leaving  settling  reservoir,  and  before  being 
pumped  into  mains,  shall  be  filtered  through  the  most  ap- 
proved appliances  for  that  purpose.  And  there  shall  be  a  pres- 
sure on  the  mains  at  all  times,  barring  accidents,  of  not  less 
than  fifty  pounds  to  the  square  inch. 

Sec.  4.  The  City  of  Sedalia  hereby  agrees  to  rent,  and 
does  rent,  one  hundred  and  twenty-five  (  125)  fire  hydrants,  when 
erected  and  in  use,  from  the  said  Quigley  &  Co.,  their  succes- 
sors or  assigns,  for  the  full  term  and  continuence  of  this  contract 
and  ordinance,  at  the  annual  rental  of  seven  thousand  five  hun- 
dred ($7,500)  dollars,  payable  semi-annually  on  the  first  days  of 
February  and  August  of  each  year.  All  hydrants  to  be  put  in 
under  the  provisions  of  this  franchise  shall  be  erected,  main- 
tained and  kept  in  repair,  by  and  at  the  cost  and  expense  of  said 
Quigley  &  Co.,  their  successors  or  assigns. 

Sec.    5.      For  all   extensions   of  mains   and   hydrant   con- 


MISCELLANEOUS.  83 

nections,  ordered  by  the  council  of  the  city  of  SedaHa,  the  said 
Quigley  &  Co.,  their  successors  or  assigns,  shall  erect  at  the 
rate  of  not  less  than  ten  fire  hydrants  to  the  mile,  and  for  all 
such  hydrants  the  said  city  of  Sedalia  agrees  to  pay  the  i:aid 
Quigley  &  Co.,  their  successors  or  assigns,  an  annual  rental  of 
forty-five  dollars  each,  the  same  to  be  paid  semi-annually  on 
the  first  days  of  February  and  August  of  each  year;  but  if  the 
private  consumption  per  annum  on  any  extension  shall  average 
fi^ty  ($50)  dollars  per  block,  said  Quigley  &  Co,,  their  suc- 
cessors, or  assigns,  shall  put  in  such  extension,  and  the  city  in 
such  cases  shall  not  be  required  to  put  fire  hydrants  thereon. 

Sec.  6.  In  addition  to  the  furnishing  water  for  the  pre- 
ven'ion  and  extinguishing  of  fires,  as  heretofore  specified,  the 
said  Quigley  &  Co.,  their  successors  or  assigns,  shall  furnish 
water  to  the  city  and  the  inhabitants  thereof  living  or  doing 
business  along  the  mains  or  pipes  for  all  purposes,  and  in  ac- 
cordance with  such  rules  and  regulations  as  may  be  deemed 
necessary  to  the  successful  operation  of  said  works.  Water 
shall  be  furnished  the  Missouri  Pacific  and  other  railroads  at 
such  rates  as  may  be  agreed  upon  by  and  between  the  railroad 
company,  the  city  council  and  the  water  company.  All  city 
buildings  shall  be  furnished  with  water  free  of  charge.  Water 
rates  to  private  consumers  or  railroads  shall  not  exceed  the 
published  rates  of  St.  Louis  or  Kansas  City,  one  of  which  shall 
be  adopted  within  sixty  (60)  days  after  the  adoption  of  this 
ordinance,  and  all  rules  and  regulations  governing  consumers 
and  plumbers  shall  be  similar  to  those  in  other  like  places,  and 
any  valid  contract  for  water  now  existing  between  the  city  of 
Sedalia  and  Missouri  Pacific  Railway  Company,  and  Sedalia 
Brewing  Company  shall  be  carried  out  by  said  Quigley  &  Co., 
their  successors  or  assigns.  And  the  city  council  of  the  City 
of  Sedalia  shall  enact  all  ordinances  necessary  for  the  protection 
of  said  works  and  property. 

Sec.  7.  The  City  of  Sedalia  shall  have  the  right  to  ac- 
quire by  purchase,  and  become  the  sole  owner  of  said  works, 
and  all  extensions  thereof,  and  all  the  buildings,  machinery  and 


84  MISCELLANEOUS. 

acquirements  of  every  description,  appertaining  to  said  water- 
works, at  any  time  after  the  expiration  of  twenty  (20)  years 
from  the  adoption  of  this  ordinance  upon  giving  one  year's  no- 
tice to  the  owners  of  said  works,  upon  paying  therefor  to  the 
owners  thereof  the  vakie  of  said  property,  which  shall  be  ascer- 
tained by  appraisement  as  follows  : 

The  city  shall  select  one  appraiser,  and  the  owner  or  own- 
ers of  said  works  shall  select  another  appraiser,  and  the  two  ap- 
praisers so  selected  shall  select  the  third  appraiser;  or,  if  they 
can  not  agree  upon  a  third  appraiser,  such  third  appraiser  shall 
be  selected  by  the  judge  of  the  United  States  district  court  of 
this  district,  and  these  three  persons  so  determined  upon  shall 
appraise  the  property  at  its  then  cash  value,  which  appraise- 
ment shall  be  binding  upon  both  parties  as  to  the  value  thereof ; 
and  the  said  City  of  Sedalia  shall  have  the  right  to  purchase 
and  become  the  absolute  owner  of  said  property  at  such  ap- 
praised value ;  Provided,  if  such  property  be  encumbered  or 
mortgaged  at  the  time,  then  said  purchase  shall  be  made  subject  to 
said  encumbrances  or  mortgages,  and  the  amount  of  all  such 
encumbrances  and  mortgages  shall  be  deducted  from  such  ap- 
praised value,  and  only  the  balance  or  difference  be  paid  to  the 
owners  of  such  works  and  property ;  and  in  case  the  said  City 
of  Sedalia  does  not  purchase  and  become  the  owner  of  such  works 
and  property  at  the  end  of  twenty-one  (21)  years,  for  which  th's 
ordinance  and  rights  are  granted,  then  all  the  rights,  privileges 
and  agreements  herem  specified  shall  be  renewed  and  extended  to 
the  said  Quigley  &  Co.,  their  successors  or  assigns,  for  another 
period  of  twenty-one  (21)  years,  and  renewed  every  twenty-one 
(21)  years  thereafter,  subject  to  the  rights  of  said  city  to  pur- 
chase the  works,  as  aforesaid  ;  and  provided,  that  such  exten- 
sions shall  not  deprive  the  city  of  the  right  to  purchase  said  prop- 
erty and  franchise,  as  herein  above  provided,  at  any  time  after  the 
expiration  of  twenty  (20)  years  from  the  adoption  of  this  ordi- 
nance. 

Sec,  8.  The  City  of  Sedalia  hereby  agrees  that  it  will 
proceed    without   delay,    on  the  request  of  said  Quigley  &  Co., 


I 


MISCELLANEOUS.  85 

their  successors  or  assigns,  to  exercise  its  rights  under  the  stat- 
utes of  the  State  of  Missouri,  in  the  matter  of  the  condemnation 
of  any  lot,  parcel,  or  piece  of  ground,  or  of  water  privilege,  that 
may  be  necessary  to  the  proper  and  convenient  construction, 
maintenance  and  operation  of  the  system  of  water  works  con- 
templated in  this  ordinance: 

Provided,  that  the  said  Quigley  &  Co.,  their  successors  or 
assigns,  pay  all  costs  and  expenses  incident  thereto,  including 
all  cost  of  property  so  condemned,  and  damages  on  account  of 
such  condemnation,  and. 

Provided,  furtJier,  that  the  right  to  the  free  and  exclusive 
use  of  all  the  property  so  condemned  shall  rest  and  remain  in 
the  said  Quigley  &  Co.,  their  successors  or  assigns,  so  long  as 
this  ordinance  and  contract  shall  remain  in  force  and  effect. 

Sec.  9.  The  said  Quigley  &  Co.,  their  successors  or  as 
signs  shall  begin  work  within  thirty  days  from  the  passage  and 
approval  of  this  ordinance,  and  faithfully  prosecute  the  same,  to 
a  completion  before  twelve  months  from  such  passage  and  ap- 
proval. 

Sec.  10.  Said  Quigley  &  Co.,  their  successors  or  as- 
signs, shall,  on  or  before  the  fourteenth  day  of  March,  1887, 
file  with  the  city  clerk  their  written  acceptance  of  this  franchise, 
and  deposit  with  the  city  treasurer  five  thousand  ($5000)  dol- 
lars as  a  guarantee  that  they  will  pay,  on  or  before  May  first 
to  the  treasurer  of  the  City  of  Sedalia,  ninety-five  thousand 
($95,000)  dollars  more,  which  amounts  the  city  shall  receive 
in  payment  in  full  for  the  water  works,  together  with  mains, 
hydrants,  pipes,  machinery,  lands,  dams,  water  privileges,  and 
everything  pertaining  thereto,  free  from  all  obligations,  debts 
and  demands  whatever;  and  the  said  city  shall  turn  over  to  the 
said  Quigley  &Co.,  their  successors  and  assigns,  as  above,  all  of 
the  said  works  on  May  first,  1887,  and  if  said  ninety-five  thou- 
sand ($95,000)  dollars  shall  not  be  paid  as  above  provided,  the 
said  Quigley  &  Co.,  their  successors  or  assigns,  shall  forfeit 
the  said  sum  of  five  thousand  ($5000)  dollars  and  all  rights 
thereto. 


86  MISCELLANEOUS. 

Sec.  II.  In  the  event  the  said  Quigley  &  Co.,  their  suc- 
cessors or  assigns,  fail  or  refuse  to  comply  with  the  terms  and 
conditions  of  this  franchise,  it  may  work  a  forfeiture  of  the 
same,  provided  said  failure  is  not  caused  by  unavoidable  circum- 
stances or  accidents. 

But  notwithstanding  such  forfeiture,  the  city  shall  thereafter 
have  the  right  to  take  water  for  the  use  of  the  city  fire  depart- 
ment from  all  fire  hydrants  then  in  use  without  pay  or  compen- 
sation therefor,  as  well  as  for  all  city  buildings,  and  the  said  Quig- 
ley  &  Co.,  their  successors  or  assigns,  shall  be  bound  to  fur- 
nish the  water  as  before  the  forfeiture. 

Sec.  12.  The  said  Quigley  &  Co.,  their  successors  or 
assigns,  shall  take  possession  of  the  present  water  works  and 
water  system  now  owned  by  the  said  city,  on  or  about  May 
first,  1887,  and  collect  thereafter  all  water  rates  and  all  licenses 
in  said  city,  and  said  city  shall  pay  to  said  Quigley  &  Co., 
their  successors  or  assigns  the  proportion  of  all  water  licenses 
collected  by  said  city  for  use  of  water  after  that  date,  and  said 
Quigley  &  Co.,  their  successors  or  assigns,  shall  comply  with 
the  obligations  of  said  city,  and  furnish  water  to  consumers 
for  the  time  for  which  license  may  have  been  collected,  barring 
all  unavoidable  accidents. 

Sec.  13.  All  ordinances  and  parts  of  ordinances  in  con- 
flict with  this  ordinance  are  hereby  repealed. 

Sec.  14.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 

Passed  by  the  Council  March  8th,  1887. 

E.  W.   Stevens,  President. 

Approved  March  9th,  1887. 

E.  W.  Stevens,  Mayor. 
[seal]  [Attest.] 

A.  H.  Thompson,  City  Clerk. 


MISCELLANEOUS.  87 

ELECTRIC  RAILWAYS 

An  Ordinance  granting  the  right  of  way  to,  and  authorizing 
the  Electric  Railway,  Light  and  Power  company,  of  Seda- 
lia.  Missouri,  to  construct,  maintain  and  operate  a  street 
electric  railway,  upon  certain  streets,  public  squares,  ave- 
nues and  alleys  in  the  City  of  Sedalia. 
Be  it  ordained  by  the  Council  of  the  City  of  Sedalia,  Missouri,  as 
follows,  to-wit : 

Section  i  .  That  the  right,  consent  and  authority  of 
the  City  of  Sedalia  is  hereby  granted  and  confirmed  to  the  Elec- 
tric Railway,  Light  and  Power  company  of  Sedalia,  Missouri, 
an  incorporated  company,  organized  under  the  laws  of  the 
State,  to  construct,  maintain  and  operate  a  street  electric  rail- 
way in  said  City  of  Sedalia,  Missouri,  its  successors  and  assigns, 
to  construct,  operate  and  maintain  a  street  railway  with  all  nec- 
essary tracks,  switches  and  appliances,  over  and  upon  all  the 
streets,  public  avenues  and  alleys  of  the  City  of  Sedalia,  herein- 
after named  and  designated :  Provided,  that  such  railroad  shall 
not  be  located  by  said  company  on  any  street  and  alley  herein- 
after named,  or  any  part  of  the  same,  until  a  majority  of  the 
resident  owners  of  land  abutting  upon  such  street  or  alley  or 
portion  thereof,  shall  first  assent  thereto  in  writing. 

SCE.  2.  The  cars  on  said  railway  shall  be  propelled  by 
electric  power  or  energy  only. 

Sec.  3.  The  following  route,  for  the  construction,  main- 
tenance and  operation  of  said  electric  street  railway,  is  hereby 
established,  to-wit: 

Beginning  on  Ohio  street,  at  the  southern  line  of  the  right 
of  way  of  the  Missouri  Pacific  railway,  and  running  thence 
southwardly  on  Ohio  street  to  the  south  line  of  the  city  limits ; 
also  running  from  the  middle  line  of  Ohio  street,  westwardly  on 
Main  street  to  the  city  limits,  and  also  from  the  middle  line  of 
Ohio  street  eastwardly  on  Main  street  to  Washington  avenue ; 
also  from  the  middle  line  of  Ohio  street,  running  west  on  Fifth 
street  to  the  city  limits;    and  from  the  middle  line  of  Ohio  street 


88  MISCELLANEOUS 

east  on  Fifth  street  to  the  city  limits ;  also  from  the  middle  line 
of  Fifth  street,  running  northwardly  on  Kentucky  street  to  Main 
street,  thence  ^\est  on  Main  street  to  the  middle  line  of  Moni- 
teau street,  and  from  thence  northwardly  on  Moniteau  street  to 
the  city  limits ;  also  running  from  said  middle  line  of  Fifth 
street  southwardly  on  Kentucky  street  to  the  city  limits  ;  also 
from  the  middle  line  of  Ohio  street  west  on  Seventh  street  to  the 
city  limits ;  also  from  said  middle  line  of  Ohio  street  east  on 
Seventh  street  to  Lafayette,  avenue ;  also  from  the  middle  line 
of  Ohio  street,'  running  east  on  Thirteenth  street  to  the  city  lim- 
its;  also  running  from  the  middle  line  of  said  Thirteenth  street, 
northwardly  on  Lafayette  avenue  to  the  right  of  way  of  the  M., 
K.  &  T.  railway;  also  running  from  the  middle  line  of  said 
Thirteenth  street  northwardly  on  Ingram  avenue  to  Broadway ; 
also  from  the  middle  line  of  Ingram  avenue  east  on  Tenth  street 
to  Hancock  street,  thence  northwardly  on  Hancock  street  to 
Fifth  street;  also  running  from  the  middle  line  of  Hancock 
street  west  on  Broadway  to  the  right  of  way  of  the  M.,  K.  & 
T.  railway;  and  from  said  middle  line  of  Hancock  street  east 
on  Broadway  to  the  city  limits ;  also  running  from  the  middle 
line  of  Fifth  street  northwardly  on  Engineer  street  to  the  north 
line  of  the  city  limits  ;  and  from  the  middle  line  of  Fifth  street 
southwardly  on  Engineer  street  to  the  city  limits;  also  from  the 
middle  line  of  Fifth  street,  south  on  New  York  avenue  to  the 
city  limits,  and  from  the  middle  line  of  Fifth  street  north  on 
New  York  avenue  to  the  city  limits  ;  also  running  from  the  mid- 
dle line  of  Ohio  street  westwardly  on  Sixteenth  street  to  the  city 
limits ;  also  from  the  middle  line  of  Ohio  street  eastwardly  on 
Sixteenth  street  to  the  city  limits ;  also  running  from  the  middle 
line  of  Sixteenth  street  south  on  Vermont  street  to  Eighteenth 
street ;  thence  west  on  Eighteenth  street  to  Grand  avenue ; 
also  running  from  the  middle  line  of  Ohio  street  west  on  Twen- 
tieth street  to  the  west  end  thereof ;  also  running  from  the  mid- 
dle line  of  Ohio  street  east  on  Twentieth  street  to  the  east  end 
thereof;  also  running  from  the  middle  line  of  Twentieth  street 
north    on   Missouri    avenue  to    the  north  line  of  the  city  limits; 


MISCELLANEOUS.  89 

also  from  the  middle  line  of  Missouri  avenue  running  eastwardly 
on  Pettis  street  to  Lamine  street;  also  running  from  the  middle 
line  of  Main  street  southwardly  on  Osage  street  to  Broadway; 
also  from  said  middle  line  of  Main  street  northwardly  on  Osage 
street  to  the  south  line  of  the  right  of  way  of  the  Missouri  Pa- 
cific railway;  also  running  from  the  middle  line  of  Main  street 
southwardly  on  Lamine  street  to  Fifth  street;  also  running  from 
the  middle  line  of  Main  street  southwardly  on  Washington  ave- 
nue to  Seventh  street;  also  running  from  the  north  line  of  the 
city  limits  southwardly  on  Grand  avenue  to  the  south  line  of 
the  city  limits;  also  running  from  the  middle  line  of  Ohio  street, 
eastwardly  on  Third  street  to  the  city  limits  ;  also  from  the  mid- 
dle line  of  Ohio  street  westwardly  on  Third  street  to  the  city 
limits;  also  running  from  the  middle  line  of  Grand  avenue  east 
on  Tenth  street  to  Ingram  avenue ;  also  running  from  the  mid- 
dle line  of  Grand  avenue  east  on  Thirteenth  street  to  the  mid- 
dle line  of  Ohio  street;  also  running  from  the  middle  line  of 
of  Ohio  street  westwardly  on  Fifteenth  street  to  Grand  avenue. 
Sec.  4.  The  depots,  stations  and  turnouts  and  switches  of 
said  railroad  so  far  as  the  same  can  now  be  determined  are  hereby 
located  as  follows,  to-wit :  The  power  station  and  depot  is 
hereby  located  on  the  south  side  of  Broadway  street  and  im- 
mediately east  of  the  Missouri,  Kansas  and  Texas  Railway  right 
of  way.  This  being  a  street  railway,  there  are  no  passenger 
depots  or  stations.  The  switches  and  turnouts  are  hereby  lo- 
cated as  follows:  On  Ohio  street,  one  between  the  Missouri 
Pacific  railway  track  and  Main  street ;  one  between  Fourth  and 
Fifth  streets;  one  between  Tenth  and  Eleventh  streets,  and  one 
beetween  Nineteenth  and  Twentieth  streets ;  one  on  Thirteenth 
street  east  of  Lafayette ;  one  on  Hancock  north  of  Broadway  : 
one  on  Engineer  street  between  Engineer  and  Wagner ;  on 
Grand  avenue  between  Fourth  and  Fifth  streets,  Tenth  and 
Eleventh  and  between  Nineteenth  and  Twentieth  streets;  on 
Lamine  between  Fourth  and  Fifth  streets ;  on  Kentucky  between 
Fourth  and  Fifth,  Tenth  and  Eleventh,  Nineteenth  and  Twen- 
tieth streets ;   on   Fifth  between  Washington  avenue  and  Lafay- 


90  MISCELLANEOUS. 

ette  avenue,  and  between  Harrison  and  Missouri  avenues ;  on 
Seventh  street  between  Washington  avenue  and  Lafayette,  and 
between  Harrison  ar'd  Missouri  avenues  and  Moniteau  and  Ver- 
mont streets. 

Sec.  5.  The  said  Electric  Railway,  Light  and  Power 
company,  its  successors  and  assigns,  are  hereby  granted  the 
right  to  construct,  establish,  operate  and  maintain  m  said  city 
an  electric  system  of  power  for  lighting  and  street  raihvay  pur- 
posts,  with  the  right  of  way  along,  over  and  under  the  streets, 
avenues,  alleys  and  public  grounds  and  areas  of  said  city,  for 
the  purpose  of  erecting,  establishing,  operating  and  maintaining 
all  wires,  posts,  poles,  brackets,  guys,  supports,  fixtures  and 
conduits  necessary  or  pertaining  to  said  business  and  to  the  con- 
veyance of  electric  energy,  subject  to  all  reasonable  rules  and 
regulations  that  the  city  council  may  deem  necessary  from  time 
to  time  to  make. 

Sec.  6.  The  rights,  privileges  and  franchises  hereby 
granted  to  said  Electric  Railway,  Light  and  Power  company, 
shall  be  held  by  them  for  the  term  of  fifty  years  from  the  date 
of  the  passage  of  this  ordinance. 

Sec.  7.  The  tracks  of  said  railway  shall  be  laid  on  an 
even  grade  with  the  existing  grades  of  all  squares,  streets  and 
highways  through,  over  and  across  which  said  railway  may  be 
constructed,  so  as  to  admit  of  the  safe  and  easy  passage  of  ve- 
hicles, and  not  in  any  manner  to  unnecessarily  hinder  or  ob- 
struct the  use  of  the  streets. 

Sec.  8.  It  shall  be  the  duty  of  the  city  engineer  to  give 
to  the  said  conipany  said  grade  and  superintend  and  see  that 
the  tracks  when  laid  conform  to  said  grade  as  aforesaid,  and 
when  so  laid  the  company  shall  not  be  required  to  alter  or 
change  the  same  unless  said  grade  be  changed  by  ordinance, 
duly  passed  by  the  city  council,  and  shall  in  no  case  be  required 
to  alter  or  change  the  grade  of  any  part  of  any  street  at  their 
expense,  except  the  parts  actually  occupied  by  its  tracks,  and 
one  foot  outside  of  each  rail,  and  the  city  shall  in  no  way  be 
liable  to  said  company  or  its  successors  or  assigns  for  any  dam- 


.1 

I 


MISCELLANEOUS.  9 1 

ages  on  account  of  any  change  of  grade   or   pavements,    in   any 
streets  or  alleys. 

Sec.  9.  Said  company  shall  at  all  times  keep  in  good  re- 
pair and  condition  all  portions  of  said  streets  and  squares  occu- 
pied by  its  tracks,  turnouts  and  switches,  and  for  the  space  of 
one  foot  outside  of  each  rail  thereof  for  the  convenience  and 
safety  of  public  travel. 

Sec.  10.  When  the  said  company  lays  its  tracks  on  any 
street  or  square  at  the  time  paved,  it  shall  at  its  own  expense 
relay  the  paving  on  that  part  of  such  street  occupied  by  its 
tracks,  and  one  foot  on  the  outside  of  each  rail  thereof  so  as  to 
conform  to  the  grade,  making  all  needed  repairs  with  like  ma- 
terial used  in  said  paving. 

Sec.  II.  Said  railway  shall  be  kept  in  good  repair  and 
order  by  said  company,  and  shall  be  operated  at  all  reasonable 
time  for  the  use  of  the  public,  at  least  one  car  being  run  on  the 
road  every  fifteen  minutes  between  the  hours  of  6o'clock  a.  m.  and 
II  o'clock  p.  m.  of  each  day.  Each  passenger  may  be  required 
to  pay  fare  during  said  hours  not  exceeding  five  cents,  and  be- 
tween II  o  clock  at  night  and  6  o'clock  in  the  morning  a  fare 
not  exceeding  ten  cents  for  a  continuous  passage  over  any  entire 
line  or  any  part  thereof ;  Provided,  that  children  under  5  years 
of  age,  accompanied  by  a  parent  or  guardian  shall  ride  free. 
The  term  "entire  line"  as  used  in  this  section  shall  include  all 
branches  from  the  main  line  over  which  cars  from  the  main  line 
are  run,  and  said  company  shall  give  one  transfer  ticket,  when 
necessary  to  enable  a  passenger  to  complete  his  journey  over 
any  one  of  such  branches  from  the  main  line  only,  or  from  such 
branch  to  the  main  line  ;  Provided,  that  said  limit  of  fifteen  min- 
utes in  running  its  cars  shall  not  apply  to  streets  in  any  portion 
or  portions  of  the  city  where  the  convenience  of  the  public  may 
not  require  them  to  run  oftener  than  every  thirty  minutes. 

Sec.  12.  The  said  company  shall  hold  the  said  city 
harmless  for  all  costs  and  damages,  including  reasonable  attor- 
ney's fees,  by  reason  of  the  construction  and  operation  of  said 
railway,  and  nothing  contained  in  this  ordinance  shall  have  the 


92  MISCELLANEOUS. 

effect  to  release  said  company  from  its  liability  for  any  and  all 
damages  sustained,  by  reason  of  said  occupation  of  said  public 
streets  and  areas,  or  by  reason  of  any  negligence  of  any  of  its 
employes,  or  from  any  reason  that  would  render  them  amena- 
ble to  the  law. 

Sec.  13.  The  cars  of  said  company  shall  at  all  times  be 
entitled  to  the  track,  and  the  driver  of  every  vehicle  shall  turn 
out  when  any  car  comes  up,  but  all  carriages  and  vehicles  shall 
have  full  right  of  way  over  and  along  said  tracks,  but  so  as  to 
not  unnecessarily  interfere  with  the  free  and  unobstructed  run- 
ning of  the  cars  thereon. 

Sec.  14.  Nothing  in  this  ordinance  shall  be  held  or  con- 
strued to  interfere  with  the  right  of  way  of  the  city  at  any 
and  all  times  to  lay  water-pipes,  and  construct  sewers  and 
drains  in  and  along  any  of  said  streets,  and  make  any  other 
necessary  improvements  therein,  or  to,  or  in  any  manner, 
abridge  or  impair  any  of  the  rights  or  franchises  heretofore 
granted  to  any  person  or  corporation  for  any  purpose  whatever, 
or  to  grant  franchises  to  other  persons  or  companies  for  the 
construction  of  street  railways. 

Sec.  15.  The  consent,  authority  and  right  of  way 
granted  by  this  ordinance  to  said  company  to  construct  and 
operate  said  street  railway,  is  upon  the  express  condition  that 
the  said  company  shall,  before  locating  a  railway  on  any  street, 
procure  the  assent  in  writing  of  a  majority  of  the  property 
owners  of  such  street,  and  before  said  company  shall  construct 
any  such  railway,  they  shall  pay  all  damages  that  may  be 
assessed  in  favor  of  any  property  holder  on  such  street,  as  pro- 
vided by  law. 

Sec.  16.  Within  thirty  days  after  the  passage  and  ap- 
proval of  this  ordinance  the  said  Electric  Railway,  Light  and 
Power  company,  shall  hie  with  the  city  clerk  of  said  city  its 
acceptance  in  writing  of  all  the  provisions  of  this  ordinance, 
and  shall  execute  to  the  City  of  Sedalia  a  bond  in  the  sum  of 
five  thousand  dollars,  to  be  approved  by  the  mayor,  guarantee- 
ing  the   building  of  at   least   two    miles  of  railway  within  four 


MISCELLANEOUS.  93 

months,  and  at  least  two  miles  more  within  nine  months  from 
the  taking  effect  of  this  ordinance,  unless  they  are  prevented 
by  any  injunction  proceedings,  strikes,  failure  to  ptocure  assent 
of  property  owners  as  required  by  law,  or  unavoidable  causes; 
said  acceptance,  when  so  filed,  shall  be  lecorded  in  the  book  of 
ordinances,  and  safely  kept  by  the  city  clerk. 

Sec.  17.  On  all  streets  said  railway  shall  be  so  con- 
structed and  maintained  as  to  enable  carriages,  wagons  and 
other  vehicles  to  cross  the  same  without  unnecessary  danger  or 
inconvenience  at  all  places  along  the  line  thereof,  and  especially 
at  the  crossings  of  the  streets.  All  poles  shall  be  of  the  best 
quality,  uniformly  painted  and  planted  along  the  curbs,  and 
under  the  direction  of  and  to  the  satisfaction  of  the  city  en- 
gineer, and  the  wires  shall  be  at  the  standard  heighth  from  the 
ground. 

Sec.  18.  If  at  any  time  the  City  of  S'^dalia  shall  im- 
prove any  of  the  unpaved  streets  upon  which  said  company  may 
have  laid  its  tracks,  by  paving  the  same,  or  by  repaving  a 
street  already  paved,  said  company  shall  at  the  same  time 
grade,  pave  and  improve  its  tracks,  and  one  foot  on  the  outside 
of  each  rail  thereof,  at  its  own  expense  and  in  the  same  man- 
ner and  with  like  material  as  said  city  paves  or  improves  said 
street,  and  if  said  company  refuses  or  neglects  to  improve  such 
right  of  way,  the  city  reserves  the  right  to  remove  from  such 
street  all  the  tracks  of  said  company  and  improve  and  pave 
such  street  and  right  of  way,  as  though  no  car  tracks  had  been 
laid  on  such  streets,  and  said  city  shall  not  be  liable  to  said  com- 
pany for  any  loss  or  damage  on  account  of  the  removal  of  such 
tracks. 

Sec.  19.  In  case  the  said  Electric  Railway,  Light  and 
Power  company,  its  successors  or  assigns,  fail  or  refuse  to  com- 
ply with  the  terms  and  conditions  of  this  franchise,  it  may 
work  a  forfeiture  of  the  same ;  provided,  such  failure  is  not 
caused  by  unavoidable  circumstances  or  accidents. 

Sec.  20.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 


94  MISCELLANEOUS. 

Passed    by    the    council   of  the  City  of  Sedalia,  Missouri, 
this  17th  day  of  March,  1890. 

Jno.  D.  Crawford, 
Attest:  President  of  the  Council. 

A.  R.  Eaton,  Jr.,  City  Clerk. 
Approved  March  i8th,  1890, 

John  D.   Crawford,  Mayor. 

We,  the  undersigned,  W.  E.  Sterne,  pr'^sident,  and  D.  C 
Metsker,  secretary,  of  the  Electric  Railway,  Light  and  Power 
company,  of  Sedalia,  Missouri,  do,  as  authorized  by  the  resolu- 
tions of  said  company,  duly  adopted  at  a  meeting  of  the  board 
of  directors,  at  the  office  of  said  company,  on  the  28th  day  of 
March,  A.  D.,  1890,  agree  to,  and  accept  all  of  the  provisions 
of  an  ordinance  passed  by  the  council  of  the  City  of  Sedalia, 
State  of  Missouri,  on  the  17th  day  of  March,  A.  D.,  1890,  and 
entitled  "An  ordinance  granting  the  right  of  way  to  and  au- 
thorizing the  Electric  Railway,  Light  and  Power  company,  of 
Sedalia  Missouri,  to  construct,  maintain  and  operate  a  street 
electric  railway  upon  certain  streets,  public  squares,  avenues 
and  alleys  in  the  City  of  Sedalia,"  and  also  file  the  bond  re- 
quired by  said  ordinance. 

Done  by  virtue  of  a  resolution  of  the  board  of   directors  .of 
said  company,  accepting  all  of  the  provisions  of  said  ordinance, 
and  authorizing  and  directing  the  filing  of   said  bond   this   28th 
day  of  March,  A.  D.,  1890. 
The  Electric  Railway,  Light  and  Power  Company,  of 

Sedalia,  Missouri. 

W.  E.  Sterne,  President. 
[seal.]  Attest, 

D.  C.  Metsker,  Secretary. 

Filed  March  29th,  1890. 

A.  R.  Easton,  jr.,  City  Clerk. 


RULES    OF   THE    COUNCIL.  95 


RULES  OF  THE  COUNCIL 


OF  THE  CITY  OF  SEDALIA. 


THE     FOLLOWING     RULES     AND     ORDER     OF     BUSINESS     SHALL 
GOVERN    THE    COUNCIL    IN    ITS    DELIBERATIONS. 


ARTICLE    I. 


OF   THE    COUNCIL. 


Section  i.  It  shall  be  the  duty  of  each  member  of  the 
council  to  be  present  at  each  meeting  of  the  council  unless  leave 
of  absence  be  granted,  or  he  be  sick  and  unable  to  attend. 

Sec.  2.  A  majority  of  all  the  members  elected  shall  con- 
stitute a  quorum  to  do  business. 

Sec.  3.  Upon  a  call  of  the  council,  the  names  of  the 
members  shall  be  called  over  alphabetically,  the  absentees  noted, 
and  those  who  do  not  appear  may  be  sent  for  by  a  special  mes- 
senger, and  may  be  by  him  taken  into  custody  wherever  found, 
and  compelled  to  attend  the  session  of  the  council. 

Sec.  4.  Whenever  a  member  shall  be  discharged  from 
custody  the  council  shall  determine  whether  such  discharge  shall 
be  with  or  without  censure,  and  defraying  the  expenses  of 
messenger  sent  after  him. 

Sec.  5.  At  the  first  regular  meeting  of  the  council  after 
the  election  in  each  year,  the  council  shall  elect  one  of  its  mem- 


96  RULES    OF   THE    COUNCIL. 

bers  president  pro  tern.,  who  shall  hold  his  office  for  the  term  of 
one  year,  and  who,  in  the  absence  of  the  mayor  shall  preside  at 
the  meetings  of  the  council ;  Provided,  that  in  the  absence  of 
both  mayor  and  president  pro  tem.,  the  council  may  select  one 
of  its  members  present  to  preside  at  such  meeting,  who  shall  be 
styled  "acting  president  pro  tem.  ; ' '  and  the  president  pro  tem. , 
during  the  absence  of  the  mayor  from  the  city,  or  his  tempor- 
ary inability  from  any  cause,  to  discharge  his  ofificial  duties, 
shall  be  the  acting  mayor  with  all  the  power  and  authority 
possessed  by  the  mayor. 


ARTICLE   II. 


OF   THE    PRESIDENT. 


Sec.  6.  The  president  shall  take  the  chair  precisely  at 
the  hour  to  which  the  board  shall  have  adjourned  their  preced- 
ing meeting,  and  immediately  call  the  members  to  order,  if"  a 
quorum  be  present. 

Sec.  7.  He  shall  preserve  decorum  and  order;  he  may 
speak  to  points  of  order  in  preference  to  members  of  the  council, 
and  shall  decide  questions  of  order,  subject  to  an  appeal  to  the 
council  by  any  member,  on  which  appeal  no  member  shall  be 
permitted  to  speak  more  than  once.  He  shall  appoint  all  select 
committees  unless  otherwise  provided. 

Sec.  8.  At  the  first  regular  meeting  of  the  council  after 
the  election  in  each  year,  or  as  soon  thereafter  as  possible,  he 
shall  appoint  the  following  standing  committees,  which  shall  con- 
sist of  three  members  each  : 

Committee  on  finance. 

Committee  on  claims. 

Committee  on  streets  and  alleys. 

Committee  on  supplies. 

Committee  on  cemetery. 

Committee  on  printing. 


RULES    OF   THE    COUNCIL.  97 

Committee  on  taxes. 

Committee  on  public  buildings  and  grounds. 

Committee  on  ordinances. 

Committee  on  sewerage. 

Committee  on  gas  and  electric  lights. 

Committee  on  sanitary. 

Committee  on  water. 

Committee  on  fire  department. 

Committee  on  police  department. 


ARTICLE  III. 

OF    COMMITTEES. 

Sec.  9.  It  shall  be  the  duty  of  the  committee  on  finance 
to  take  into  consideration  all  such  reports  and  propositions  re- 
lating to  the  city  treasury  as  may  be  referred  to  them  by  the 
council;  to  enquire  into  the  state  of  the  city  debt,  its  finances, 
revenues  and  expenditures,  and  to  report  monthly  at  least,  and 
oftener  if  deemed  necessary,  their  opinion  and  suggestions 
thereon;  to  exiimine  into  the  financial  department  of  the  city, 
particularly  into  the  ordinances  making  appropriations  for  money, 
and  report  whether  the  moneys  have  been  disbursed  conform- 
ably to  such  ordinance;  and  to  report  such  provisions  and  ar- 
rangements as  may  be  necessary  touching  the  city  indebtedness, 
the  finances,  revenues  and  expenditures,  and  the  appropriations 
of  money,  and  as  will  add  to  the  economy  of  the  financial  de- 
partment of  the  city,  and  secure  the  accountability  and  faith- 
fulness of  the  different  officers  connected  therewith. 

Sec.  10.  It  shall  be  the  duty  of  the  committee  on  streets 
and  alleys  to  take  into  consideration  all  matters  referred  to 
them  by  the  council,  touching  the  streets,  avenues  and  alleys  of 
the  city,  to  examine  the  same,  and  to  report  to  the  council 
monthly  at  least,  and  oftener  if  deemed  necessary,  their  actual 
condition,  and  whatever  changes,  repairs,  alterations  or  improve- 
ments they  may  deem  proper  to  recommend. 


98  RULES    OF   THE    COUNCIL. 

Sec.  II.  It  shall  be  the  duty  of  the  committee  on  ceme- 
tery to  take  into  consideration  all  matters  concernmg  the  ceme- 
tery which  may  be  referred  to  them  by  the  council ;  to  recom- 
mend to  the  council  all  necessary  improvements  and  repairs;  to 
suggest  whatever  ornamentation  may  be  proper,  in  their  judg- 
ment, and  to  report  to  the  council  monthly  at  least,  or  oftener 
if  necessary. 

Sec.  12.  It  shall  be  the  duty  of  the  committee  on  public 
buildings  and  grounds  to  take  into  consideration  all  matters  which 
may  be  referred  to  them  by  the  council  in  reference  to  the  build- 
ings and  grounds  of  the  city;  to  recommend  to  the  council  all 
changes,  repairs,  improvements  and  new  buildings  which  they 
may  deem  the  interests  of  the  city  require,  and  to  report 
monthly,  or  oftener  if  necessary. 

Sec.  13.  It  shall  be  the  duty  of  the  committee  on  gas 
and  electric  lights  to  take  into  consideration  all  such  matters, 
reports  and  propositions  relating  to  the  light  supply  as  may 
be  referred  to  them  by  the  council,  and  to  exercise  a  general 
superv  sion  over  the  gas  and  electric  light  supply  of  the  city, 
;  nd  to  make  report  to  the  council  as  often  as  they  deem  neces- 
sary touching  those  matters  and  departments. 

Sec.  14.  It  shall  be  the  duty  of  the  committee  on  water 
to  take  into  consideration  all  such  matters,  reports  and  proposi- 
tions relating  to  the  water  company  or  water  supply  as  may  be 
referred  to  them  by  the  council ;  and  to  exercise  a  general  su- 
pervision over  the  water  supply  of  the  city,  and  to  make  report 
to  the  council  from  time  to  time  touching  that  department. 

Sec.  15.  It  shall  be  the  duty  of  the  committee  on  fire 
department  to  take  into  consideration  all  such  matters,  reports 
and  propositions  relating  to  the  fire  department  as  may  be  re- 
ferred to  them  by  the  council ;  and  to  exercise  a  general  super- 
vision over  the  fire  department  and  make  report  to  the  council 
as  often  as  they  deem  necessary  touching  that  department. 

Sec.  16.  It  shall  be  the  duty  of  the  committee  on  sew- 
erage to  take  into  consideration  all  matters  referred  to  them  by 
the  council  concerning  sewerage;  to  make  report  to  the    council 


RULES    OF    THE    COUNCIL.  99 

as  often  as  they  deem  necessary  on  any  matter  touching  sewer- 
age or  its  construction  ;  and  in  general  to  exercise  control  and 
supervision  over  all  matters  which  may  arise  from  the  subject 
of  their  duties. 

Sec.  17.  The  committees  on  police  department,  printing, 
ordinance  and  sanitary  shall  exercise  control  and  supervision 
over  all  matters  which  may  arise  from  the  subject  of  their  re- 
spective dutie.^,  and  make  such  reports  and  recommendations  to 
the  council  as  they  deem  necessary. 

Sec.  18.  It  shall  be  the  duty  of  each  standing  committee 
to  report  to  the  council  concerning  any  matter  referred  to  them 
for  consideration,  at  the  next  regular  meeting  after  the  same  is 
referred,  unless  otherwise  ordered. 

Sec.  19.  Whenever  a  resolution  or  other  matter  is  pre- 
sented to  the  council  by  any  member,  he  may,  at  his  option, 
before  any  amendment  is  made  or  question  taken  on  it,  request 
that  it  may  lie  over  until  the  next  meeting,  in  which  case  it 
shall  have  precedence  of  the  regular  order  of  the  day,  and  shall 
be  considered  as  the  unfinished  business. 

Sec.  20.  It  shall  be  the  duty  of  the  clerk  of  the  council 
to  cause  committees,  members  of  the  council  and  its  ofificers,  to 
be  informed  of  such  duties  as  they  may  be  charged  with  by  the 
council  from  time  to  time. 


ARTICLE  IV. 

OF  THE  ORDER  OF  BUSINESS  OF  THE  COUNCIL. 

Section  21,  On  the  appearance  of  a  quorum,  the  min- 
utes of  the  proceedings  of  the  preceding  meeting  shall  be  read, 
corrected  and  approved. 

Sec.  22.  At  each  meeting  of  the  council  for  regular  busi- 
ness, after  the  minutes  are  read,  business  shall  be  disposed  of  in 
the  following  order: 

I — Unfinished  business. 


lOO  RULES    OF   THE    COUNCIL. 

2 — Calling  the  roll  for  petitions  and  communications. 

3 — Report  of  special  committees. 

4 — Report  of  standing  committees. 

5 — Report  of  officers. 

6 — New  business. 

Provided,  That  when  "new  business"  is  reached  in  the  reg- 
ular order  or  business,  that  the  clerk  shall  call  the  roll,  and  that 
each  member  as  his  name  is  called  report  to  the  council  all 
papers  he  may  have  requiring  action. 

Sec.  23..  The  president  shall  at  each  meeting  announce 
to  the  council  the  business  in  order,  agreeably  to  the  preceding 
rule. 

Sec.  24.  No  business  shall  be  taken  up  or  considered 
until  the  class  to  which  it  belongs  shall  be  declared  in  order,  un- 
less by  consent  of  two-thirds  vote  of  council  present. 

Sec.  25.  Communications  from  the  mayor  may  be  read, 
and  received  at  any  time. 

Sec.  2G.  No  bill  except  a  regular  monthly  appropriation 
or  disbursing  bill  shall  receive  more  than  one  reading  at  any 
meeting  of  the  council,  unless  two-thirds  of  all  the  members 
elected  otherwise  expressly  allow.  Regular  monthly  appropria- 
tion or  disbursing  bills  may  be  considered  and  passed  at  the 
first  regular  meeting  in  each  month;  Provided,  the  same  be 
read  three  times  before  a  final  vote  thereon  as  provided  by  law. 

Sec.  27.  The  second  reading  of  a  bill  shall  be  by  sec- 
tions, at  which  time  amendments  are  to  be  offered;  but  the 
reading  of  any  section  shall  not  preclude  the  offering  of  an 
amendment  to  any  preceding  one.  If  no  amendments  are 
made,  the  chair  will  so  report  and  the  bill  be  read  a  third 
time,  and  after  the  third  reading  the  question  shall  be,  "Shall 
the  bill  pass?"  If  amendments  are  made,  the  chair  shall  so  re- 
port and  the  bill  shall  be  read  as  amended  before  the  third  read- 
ing. Nevertheless  it  shall  be  subject  to  amendment  till  put  to 
its  final  passage.  The  final  vote  shall  be  taken  by  yeas  and 
nays  and  the  bill  before  it  passes  shall  receive  the  votes  of  a 
majority  of  all  the  members  of  the  city   council ;    and  whenever 


RULES    OF   THE    COUNCIL.  lOI 

an  ordinance  has  been  read  a  third  time,  if  a  substitute  is  voted 
for  said  ordinance,  said  substitute  shall  be  subject  to  the  same 
order  as  a  bill  on  its  second  reading. 

Sec.  28.  Before  any  resolution  shall  become  a  law  it 
shall  be  adopted  and  passed  by  a  majority  vote  of  the  members 
elected  to  the  council,  on  a  call  of  the  yeas  and  nays,  be  ap- 
proved by  the  mayor  and  published  one  time  in  the  paper  doing 
the  city  printing:  Provided,  that  it  may  be  passed  over  the 
mayor's  veto  in  same  manner  provided  for  such  passage  of  an 
ordinance. 


ARTICLE  V. 

OF  PROCEEDINGS,  DECORUM  AND  DEBATE. 

Section  29.  When  any  member  is  about  to  speak  in  de- 
bate, and  deliver  any  matter  to  the  council,  he  shall  arise  from 
his  seat  and  address  himself  to  "Mr.  President;"  he  shall  con- 
fine himself  to  the  question  under  debate,  and  avoid  personal- 
ity ;  nor  shall  he  speak  more  than  twice  on  any  question  with- 
out the  unanimous  consent  of  the  council ;  and  no  member 
shall  speak  more  than  once  until  every  member  wishing  to 
speak  shall  have  spoken. 

Sec.  30.  When  two  or  more  members  shall  rise  at  once, 
the  president  shall  name  the  member  who  is  to  speak  first,  the 
other  rising  having  the  preference  next.  No  member  shall  pro- 
ceed until  he  has  been  recognized  by  the  president. 

Sec.  31.  No  motion  or  resolution  shall  be  stated  or  de- 
bated until  it  is  seconded,  and  when  stated  by  the  president  or 
read  by  the  clerk,  it  shall  be  deemed  in  possession  of  the  coun- 
cil, but  may  be  withdrawn  at  any  time  before  decision  or 
amendment. 

Sec,  32.  Every  motion  shall  be  reduced  to  writing,  if 
the  president  or  any  member  desire  it. 

Sec.   33.      No    new    motion    or   proposition  shall    be   ad- 


I02  RULES    OF   THE    COUNCIL. 

mitted,  under  the  color  of  amendment,  as  a  substitute  for  the 
motion,  or  proposition  under  debate. 

Sec.  34.  When  a  question  is  under  debate,  no  motion 
or  proposition  shall  be  received,  but,  ist,  to  adjourn;  2d,  to 
amend;  3d,  to  refer  to  standing  committee;  4th,  to  refer  to 
select  committee;  5th,  to  refer  to  an  ofificer  of  the  city;  6th,  to 
lay  on  the  table;  7th,  for  the  previous  question;  8th,  to  post- 
pone to  a  day  within  the  existence  of  the  council. 

Sec.  35.  A  motion  to  adjourn  shall  always  be  in  order, 
unless  a  member  is  speaking,  and  shall  be  decided  without  de- 
bate;  and  no  member  shall  leave  his  seat  until  .the  result  is 
declared  by  the  president. 

Sec.  36.  The  previous  question  shall  be  in  this  form: 
"Shall  the  main  question  be  now  put?"  It  shall  only  be  ad- 
mitted when  demanded  by  two-thirds  of  the  members  present, 
and  until  it  is  decided  shall  preclude  all  amendments  and  fur- 
ther debate,  and  shall  be  decided  without  debate. 

Sec.  37.  Any  member  may  call  for  a  division  of  the 
question,  where  the  sense  will  admit  of  it. 

Sec.  38.  No  amendment  shall  be  permitted  to  a  motion 
to  strike  out,  unless  it  be  to  leave  out  of  the  motion  a  part  of 
the  words  proposed  to  be  stricken  out. 

Sec.  39.  A  motion  for  an  amendment,  until  decided, 
shall  preclude  all  further  amendment  of  the  main  question. 

Sec.  40,  Motions  and  reports  may  be  committed  at  the 
pleasure  of  the  council. 

Sec.  41.  When  the  reading  of  a  paper  is  called  for,  and 
the  same  is  objected  to  by  any  member,  it  shall  be  determined 
by  a  vote  of  the  council. 

Sec.  42.  It  any  member,  in  speaking  or  otherwise,  shall 
transgress  the  rules  of  the  council,  the  president  or  any  mem- 
ber may  call  him  to  order;  in  which  case  the  member  called  to 
order  shc^U  immediately  sit  down,  unless  permitted  to  explain, 
and  the  council  shall,  if  appealed  to,  decide  on  the  case,  but 
without  debate.  If  there  be  no  appeal,  the  decision  of  the 
president  will  be  submitted  to.      If  the  decision  be  in   favor  of 


RULES    OF   THE    COUNCIL.  IO3 

the  member  called  to  order,  he  shall  be  at  liberty  to  proceed ; 
if  otherwise,  and  the  case  require  it,  he  shall  be  liable  to  the 
censure  of  the  council. 

Sec.  43.  All  questions  shall  be  propounded  in  the  order 
in  which  they  were  moved,  except  privileged  questions. 

Sec.  44.  When  a  question  is  put  by  the  chair,  each 
member  present  shall  vote,  unless  the  council  shall  for  special 
reasons  excuse  him;  but  if  personally  interested  he  shall  not 
vote.  In  doubtful  cases  the  chair  may  direct,  or  any  member 
call  for,  a  division.  The  yeas  and  nays  shall  be  called  upon  the 
request  of  the  chair  or  any   member. 

Sec.  45.  When  a  question  has  been  taken,  it  shall  be  in 
order  for  any  member  to  move  a  reconsideration  thereof  at  the 
same  or  next  succeeding  meeting;  but  no  question  shall  be  a 
second  time  reconsidered  without  the  consent  of  three-fourths 
of  all  the  members  of  the  council  elected. 

Sec.  46.  The  yeas  and  nays  shall  be  entered  on  the 
minutes  at  the  desire  of  any  member,  if  requested  before  the 
question  is  put. 

Sec.  47.  On  taking  the  yeas  and  nays  of  any  question, 
the  names  of  the  members  shall  be  called  alphabetically  and 
each  member  shall  answer  from  his  seat,  and  the  absentees  be 
noted. 

Sec.  48.  On  forming  a  committee  of  the  whole  council, 
the  mayor  shall  leave  the  chair  and  call  some  member  to  pre- 
side. 

Sec.  49.  All  questions,  whether  in  the  committee  or  in 
the  council,  shall  be  put  in  the  order  they  are  made,  except 
that  in  case  of  privileged  questions,  and  in  filling  blanks,  the 
longest  time  and  the  largest  sum  shall  be  voted  on  first. 

Sec.  50.  The  rules  of  the  council  shall  be  observed  in 
committee  of  the  whole,  so  far  as  they  are  applicable,  except 
the  rule  limiting  the  time  of  speaking;  and  the  previous  ques- 
tion shall  not  be  put  m  committee  of  the  whole. 

Sec.  51.  A  motion  that  the  committee  rise  shall  always 
be  in  order,  and  shall  be  decided  without  debate. 


I04  RULES    OF   THE    COUNCIL. 

Sec,  52.  The  clerk  shall  not  enter  upon  the  journal  the 
proceedings  of  the  committee  of  the  whole,  except  as  the  same 
may  be  reported  to  the  council. 

Sec.  53-  All  reports  of  committees  and  all  resolutions 
shall  be  presented  in  writing  and  signed  by  the  members  offer- 
ing the  same. 

Sec.  54.  A  majority  of  a  committee  may  constitute  a 
quorum  for  the  transaction  of  business. 

ScE.  55-  An  amendment  to  an  amendment  is  in  order; 
but  not  to  amend  an  amendment  to  an  amendment  of  a  main 
question. 

ScE.  56.  The  mayor  can  temporarily  excuse  any  mem- 
ber of  the  council  but  no  member  shall  be  permitted  to  leave 
the  meeting  of  the  council  without  the  permission  of  a  majority 
of  the  members  present. 

Sec.  57.  Smoking  and  all  conversation  between  mem- 
bers is  prohibited  during  deliberations  of  the  council ;  and  no 
smoking  shall  be  allowed  in  the  council  room  during  the  session 
of  the  council. 

Sec.  58-  In  all  proceedings  of  whatever  nature  herein 
provided  for  and  regulated  by  law,  "Cushing's  Manual"  shall 
be  the  guide  and  rule. 


ARTICLE  IV. 


ON    AMENDING    RULES. 


Sec.  59.  These  rules,  or  any  of  them,  may  be  tempora- 
rily suspended  by  a  vote  of  two-thirds  of  all  the  members 
elected  to  the  council,  but  shall  not  be  repealed,  altered  or 
amended  except  by  ordinance. 


REVISED  ORDINANCES. 


AN    ORDINANCE 


REVISION   OF   THE   ORDINANCES 

OF  THE 

CITY  OF  SEDALIA,  MISSOURI. 

AND   TO 

ORDAIN  AND    ESTABLISH  NEW  AND  AMENDED  ORDINANCE 
PROVISIONS  FOR  THE  GOVERNMENT  OF  SAID  CITY. 


BE  IT  ORDAINED  BY  THE  COUNCIL  OF  THE   CITY  OF  SEDALIA,  MISSOURI, 
AS  FOLLOWS,    TO-IVIT: 


CHAPTER   1. 


BOOKS  OF  ACCOUNT. 


Section. 

1.  Accounts    to    be     kept,      how  ; 

books   of,     where    deposited. 

2.  Appropriation  ordinances,    how 

entered  on  books. 

3.  Money  received  by  oflScer,  where 

and  when  to  be  deposited. 


Section. 

4.  Statements  of  money    received 

by  city  clerk,  to  be  distri- 
buted to  what  accounts,  and 
how. 

5.  City  treasurer  to  keep  what  ac- 

counts. 


Section,  i.  The  books  and  accounts  of  the  City  of  Sedalia, 
in  the  hands  of  the  city  clerk,  shall  be  kept  in  a  regular  double 
entry  order,  comprised  in  such  books  as  a  journal  and  ledger, 
and  such  auxilary  books  as  may  be  necessary;  and  the  tax,  li- 
cense and  stub  receipt  books,  in  the  hands  of  the  city  collector, 
shall  be  kept  in  manner  and  form  as  shall  be  requisite  to  the 
purpose  for  which  they  are  used,  and  when  not  in  use  shall  be 
deposited  in  the  vault. 


I08  REVISED  ORDINANCES. 

Sec.  2.  All  appropriations  embraced  in  ordinances 
passed  in  anticipation  of  revenue,  shall  be  entered  in  the  journal 
as  memorandum,  debits  and  credits,  and  carried  to  the  ledger 
to  the  respective  accounts  to  which  they  belong,  except  the  sink- 
ing fund  account,  and  shall  be  entered  on  the  margin  of  the  de- 
bit or  credit  column  in  red  ink,  and  be  considered  as  reference 
charges  only,  so  that  the  regular  charges  of  actual  receipts  to 
respective  accounts  may  not  exceed  the  appropriations. 

Sec.  3.  Any  officer  of  the  city  receiving  money  for  the 
city,  shall  deposit  the  same  in  the  city  treasury  on  or  before  the 
first  Monday  of  each  succeeding  month,  and  take  a  receipt  there- 
for, but  any  such  officer  shall,  prior  to  making  such  deposit, 
make  duplicate  statements  of  all  money  so  received  by  him,  and 
hand  the  same  to  the  city  clerk. 

Sec.  4.  The  city  clerk,  upon  receipt  of  such  statements, 
shall  distribute  to  interest  account  the  proportion  received  for 
that  fund,  being  the  levy  for  interest  purposes  upon  real  or  per- 
sonal property  of  all  kinds,  and  to  general  expense  account  its 
proportion  of  levy  on  all  real  and  personal  property,  together 
with  receipts  from  all  other  sources,  except  market  house  and 
scale  receipts,  which  shall  be  credited  to  market  house  account; 
and  he  shall  endorse  this  distribution  on  the  back  of  said  state- 
ments, one  of  which  he  shall  certify  to  the  city  treasurer,  and 
the  other  shall  be  filed  for  reference. 

Sec.  5.  The  city  treasurer  shall  keep  such  accounts  as 
are  necessary,  and  enter  therein  the  distribution  of  all  moneys 
received  by  him  as  such  city  treasurer,  so  that  each  fund  ac- 
count may  receive  its  proper  debit  and  credit,  as  provided  for 
by  ordinance. 


REVISED  ORDINANCES. 


109 


CHAPTER   2. 
ADDITIONS. 


Section 

6.  New  additions,  when  adjoining 

lands   already   platted,    to   be 
laid  out,  how. 

7.  When     not     adjoiniug    platted 

lands,  how. 

8.  Plat  of  new  addition  to  be  sub- 

mitted to  City  Council  before 
filing  for  record,  when. 


Section 

9.  Party  failing  to  submit  such 
plat  to  Council  not  entitled  to 
compensation  or  damages  for 
opening  streets  in  said  ad- 
dition. 
10.  Street  and  alley  committee  to 
examine  plat  and  report  to 
Council. 


Section  6.  For  the  purpose  of  securing  uniformity  in  the 
width  and  direction  of  the  streets  of  the  City  of  Sedalia,  any 
addition  hereafter  made,  and  adjoining  ground  already  laid  out 
in  lots  and  blocks,  shall  be  so  laid  out  that  the  streets  of  said 
addition  shall  be  of  the  same  width,  and  a  continuation  of  some 
street  of  said  city,  or  of  some  addition  thereto. 

Sec  7.  Whenever  an  addition  shall  be  laid  out  disjoined 
from  land  already  laid  out  in  lots  and  blocks,  the  streets  shall 
be  so  located  that,  when  extended,  they  will  run  into  other 
streets  already  located,  be  of  same  width,  and  run  at  the  same 
angle  to  the  meridian  as  said  other  streets. 

Sec.  8.  Any  owner  or  other  party  having  the  control  or 
management  of  any  tract  of  land,  who  shall  lay  out  the  same 
into  lots  or  blocks,  as,  and  for  an  addition  to  the  City  of  Sedalia, 
shall  before  filing  the  plat  of  the  same  for  record  in  the  ofifice  of 
recorder  of  deeds  for  Pettis  county,  submit  such  plat  to  the  city 
council  for  approval. 

Sec.  9.  If  any  party  shall  file  in  the  ofifice  of  the  recorder 
of  deeds  of  Pettis  county  any  plat  of  any  proposed  addition  to 
the  City  of  Sedalia,  without  first  submitting  the  same  to  the  city 
council  for  approval,  or,  having  submitted  such  plat  and  its  be- 


no  REVISED  ORDINANCES. 

ing  disapproved  by  the  council,  such  party,  his  heirs  or  assigns, 
shall  not  be  entitled  to  receive  any  compensation  or  damages 
on  account  of  the  opening  and  establishing  of  any  street,  lane 
or  alley,  in  or  through  such  addition. 

Sec.  io.  It  shall  be  the  duty  of  the  committee  on  streets 
and  alleys  of  the  city  council,  to  examine  any  such  plat,  and  re- 
port to  the  city  council  at  its  second  sitting,  at  the  farthest,  after 
the  plat  has  been  submiteed,  as  provided  for  in  this  chapter, 
whether  or  not  this  chapter  has  been  complied  with,  and 
whether  or  not  the  circumstances  of  the  case  are  such  as  to  justify 
the  non-enfor'cement  of  this  chapter,  when  the  city  council 
shall  take  action,  and  by  motion  accept  or  reject  the  plat  so  as 
aforesaid  submitted  for   inspection. 


REVISED  ORDINANCES. 


I  I  I 


CHAPTER  3. 
ANIMALS. 

ARTICLE  I.— Running  at  large. 
ARTICLE  II.— Dead  animals. 

ARTICLE  I. 

ANIMALS    RUNNING  AT  LARGE. 


SECTION 

11.  Unlawful  to  run  at  large,  when 

to  be  taken  up  and  placed  in 
city  pound. 

12.  Officer  taking   charge   of  such 

animals  to  feed  and  care  for 


Section 

same,  and  advertise  and  sell 
and  dispose  of  proceeds,  how. 
13.  City  marshal  may  appoint  as- 
sistants, how,  to  receive  what 
compensation. 


Section  ii.  Hereafter  no  cattle,  hogs,  horses,  mules, 
sheep,  goats  or  other  animals  shall  be  permitted  to  run  at  large 
within  the  city  limits,  and  all  cattle,  hogs,  horses,  mules,  sheep, 
goats  and  other  animals  found  running  at  large  within  the  city 
limits,  shall  be  taken  up  by  the  city  marshal,  or  otherauthorized 
officer,  and  placed  in  some  secure  enclosure  or  pound,  to  be 
known  and  designated  as  city  pound,  which  pound  shall  be 
provided  by  and  at  the  expense  of  the  city. 

Sec  12.  Whenever  any  cattle,  hogs,  horses,  mules, 
sheep,  goats  or  other  animals  shall  thus  be  taken  up,  it  shall  be 
lawful  for  the  city  marshal,  and  it  is  hereby  made  his  duty  to 
provide  for  the  care  and  feed  of  the  same,  and  to  sell  the  same 
at  public  auction  to  the  highest  bidder  for  cash,  having  first 
given  at  least  three  days'  notice  of  the  time  and  place  of  sale 
and  property  to  be  so  sold ;  such  notice  to  be  given  by  three 
insertions  in  the  newspaper  doing  the  city  printing,  the  last  in- 
sertion to  be  made  on  the  day  of  sale    or   the   day   prior.      All 


112  REVISED  ORDINANCES. 

sales  under  this  article  shall  be  conducted  at  the  city  pound, 
and  each  animal  shall  be  sold  separately,  and  the  cost  of  taking 
up,  keeping  and  selling  any  animal  as  herein  provided  shall  be 
paid  out  of  the  proceeds  of  such  sile,  and  when  any  animal  is 
claimed  by  the  owner  it  shall  be  delivered  to  such  owner  upon 
the  payment  to  the  city  marshal  of  all  the  cost  accruing  at  the 
time  of  such  ownership  being  proven,  and  the  costs  of  adver- 
tising shall  be  included.  All  moneys  arising  from  such  a  sale, 
after  deducting  the  costs,  shall  be  paid  to  the  owner  of  any  ani- 
mal sold,  upon  satisfactiory  proof  of  ownership  being  made 
to  the  city  marshal  by  the  claim.ant ;  and  should  no  claim  be 
made  within  thirty  days  for  the  proceeds  of  any  such  sale,  by  the 
owner  or  another  for  him,  the  same  shall  be  paid  into  the  city 
treasury,  the  costs  being  deducted  and  paid  to  the  city  marshal. 
The  city  marshal  shall  upon  any  sale  being  made  under  this 
article,  give  to  the  purchaser,  upon  payment  of  the  amount 
bid,  a  bill  of  sale  in  which  shall  be  stated  the  amount  of  costs 
and  charges  attending  the  proceedings  and  the  price  paid  with 
a  fair  description  of  the  animal  sold.  And  such  bill  shall  be 
prima  facie  evidence  of  the  regularity  of  the  proceedings  and 
ownership  of  the  animal  in  the  purchase.  The  owner  of  the 
animal  at  the  time  the  same  was  arrested,  shall  be  entitled  to 
redeem  the  same  at  any  time  within  three  months  after  the  day 
of  sale  by  paying  to  the  purchaser  all  costs  included  in  the  bill 
of  sale,  and  the  purchase  price  with  eight  per  cent,  per  annum 
interest  and  a  reasonable  compensation  for  keeping  the  same, 
and  the  cost  of  keeping  any  such  animal  by  the  purchaser  may 
be  offset  by  the  valuable  use  of  the  same,  and  no  person  pur- 
chasing at  such  sale  shall  sell  such  animal  under  three  months 
from  the  date  of  such  purchase,  without  apprising  the  purchaser 
of  all  the  facts,  under  the  penalty  of  double  the  value  of  such 
animal  to  be  recovered  by  the  former  owner  in  a  civil  action. 

Sec.  13.  For  the  purpose  of  carrying  into  effect  the  pro- 
visions of  this  article,  the  city  marshal  may  employ  one  or 
more  persons  to  aid  him  in  the  work  herein  prescribed.  The 
appointment  so  made  shall  be  approved  by  the  mayor  and  the 


REVISED  ORDINANCES. 


113 


person  or  persons  so  appointed  shall  subscribe  and  take  the  oath 
and  be  vested  with  the  same  authority  as  special  police,  and  the 
compensation  for  all  services  of  officers  under  this  article 
shall  be  as  follows,  to-wit :  For  taking  up  and  impounding 
every  animal,  except  swine,  one  dollar;  for  the  care  and  feed  of 
the  same  per  day,  thirty  cents;  for  taking  up  and  impounding 
every  hog  (or  swine)  of  any  age,  fifty  cents;  for  the  care  and 
feed  of  same  per  d.iy,  twenty  cents ;  for  making  every  sale  under 
ten  dollars,  five  per  cent,  of  the  amount  of  the  sale;  for  every 
sale  of  ten  dollars  or  over,  three  percent;  for  every  sale  bill 
made  out  and  delivered,  ten  cents. 


ARTICLE   II. 


DEAD    ANIMALS. 


Section 

14.  Council    may    contract    for  re- 

niQvaT  of  carcasses  of,  how. 

15.  Contractor  to  have  regular  of- 

fice, to  keep  a  book  and  enter 
all  reports,  etc. 

16.  Carcasses  on  private  property, 

when  to  be  removed  by  con- 
tractor, misdemeanor  to  inter- 
fere with. 


Section 

17.  When   a  failure  to   remove  by 

the  owner  a  misdemeanor. 

18.  Bond   to  be  executed    by    con- 

tractor, failure  to  comply  with 
provisions  of  this  article,  ef- 
fect of. 


Section  14.  The  council  is  hereby  authorized  to  contract 
with  any  person,  company  or  corporation,  for  a  term,  not  ex- 
ceeding five  years,  for  the  removal  of  the  carcasses  of  all  dead 
animals  found  or  being  in  the  city  limits,  and  all  contracts  shall 
conform  to  the  conditions  and  provisions  of  this  article,  and 
shall  be  let  under  and  provide  such  other  conditions  and  provis- 
ions as  shall  guarantee  the  best  possible  sanitary  results.  Such 
contracts  shall  be  let :  First,  upon  sealed  bids  submitted  to  the 
council,  on  such  notice,  by  publication  in  the  paper  doing  the 
city  printing,  as  the  council  shall  deem  proper  to  insure  a  fair 
competition.      Second,  when  there  are  no   bids  secured   or  sub- 


114  REVISED  ORDINANCES. 

rnitted  on  such  advertisement,  the  council  may  contract  with 
any  person  for  such  work,  at  a  reasonable  compensation,  with- 
out further  advertisement. 

Sec.  15.  Any  person  to  whom  any  contract  is  awarded 
under  this  article,  shall  have  some  regular  ofifice  or  place,  which 
shall  not  be  to  exceed  five  blocks  from  police  headquarters, 
where  dead  animals  may  be  reported  ;  and  it  shall  be  the  duty  of 
all  ofificers  of  the  city,  and  especially  the  city  marshal  and  police 
ofiticers,  and  members  of  the  board  of  health,  to  report  the  find- 
i  1!^  or  existence  of  the  carcass  or  the  remains  of  any  dead  ani- 
mals within  the  city,  as  soon  as  may  be,  and  such  report  shall 
be  entered  in  a  book  to  be  kept  for  that  purpose  at  the  ofifice  or 
regular  place  of  business  of  the  contractor  where  such  reports 
are  to^  be  made  as  herein  before  provided;  all  reports  shall  be 
written  in  a  legible  hand,  and  designate  the  locality,  as  near  as 
the  same  can  be  ascertained,  where  such  carcasses  or  remains 
are  to  be  found,  also  the  hour  when  reported.  The  aforesaid 
book  shall  at  all  times  be  open  to  the  inspection  of  the  public 
and  every  person  may  report  therein  the  existence  of  any  car- 
casses or  the  remains  of  any  dead  animals  within  the  city  limits ; 
and  a  report  made  by  any  ofificer  or  other  person  in  the  manner 
above  provided  shall  be  deemed  to  be  notice  to  the  contractor, 
and  the  contractor  shall  within  twenty-four  hours  after  said  re- 
port is  entered  as  aforesaid,  remove  all  carcasses  or  remains  of 
dead  animals  to  a  place  beyond  the  city  limits,  and  there  dis- 
pose of  the  same  so  as  not  to  create  a  nuisance. 

Sec.  16.  The  carcasses  of  all  dead  animals  lying  on  the 
streets,  alleys,  or  public  places  of  the  City  of  Seoalia,  or  on 
private  premises  therein,  and  not  slain  for  human  food,  and  not 
removed  by  the  owner  or  other  person  entitled  thereto,  within 
six  hours  of  daylight  time  after  the  death  of  such  animals,  are 
hereby  declared  to  be  a  nuisance,  and  shall  be  and  become  the 
property  of  the  person  at  the  time  having  the  contract  for  the 
removal  of  dead  animals,  and  he  is  hereby  authorized  to  ap- 
propriate the  same  to  his  own  use,  and  any  person  who  shall 
interfere  with  such  contractor  in  the  removing  of  such  dead  ani- 


REVISED  ORDINANCES.  II5 

mals  or  in  attempting  to  remove  the  same  shall  be  deemed 
gL'ilty  of  a  misdemeanor,  and  on  conviction,  shall  be  fined  not 
more  than  one  hundred  dollars 

Sec.  17.  Any  person,  the  owner  of,  or  entitled  to  take 
control  of  the  carcass  of  any  dead  animal  specified  in  this 
article,  who  shall  take  charge  of  any  dead  animal  within  the  six 
hours  of  daylight  time  in  said  section  sixteen  mentioned,  shall  re- 
move the  same  and  every  part  thereof  in  the  same  manner  and 
subject  to  the  same  rules  of  contractors  therefor  are  subject  to 
under  this  article,  and  any  person  failing  or  neglecting  to 
comply  with  the  provisions  of  this  section  shall  be  deemed 
guilty  of  a  misdemeanor  and  on  conviction  shall  be  fined  not 
less  than  one  dollar  nor  more  than  one  hundred   dollars. 

Sec.  18.  The  contractor  shall  execute  to  the  City  of  Se- 
dalia  a  bond,  with  good  and  sufificient  securities,  in  a  sum 
double  the  contract  price,  for  the  whole  term  of  his  contract, 
to  be  approved  by  the  mayor,  and  filed  and  preserved  in 
the  office  of  the  city  clerk,  conditioned  for  the  faithful  and 
punctual  performance  of  the  duties  imposed  by  this  article 
and  the  provisions  of  his  contract,  and  any  failure  of  the  con- 
tractor to  comply  with  or  fulfill  any  of  the  provisions  of  this 
article  or  of  the  contract,  shall  operate  as  an  annulment  of  the 
contract,  and  forfeiture  of  his  bond,  when  so  declared  by  resolu- 
tion of  the  city  council,  and  not  before,  and  on  any  charge  of 
such  failure  the  contractor  shall  have  a  right  to  be  heard. 


ii6 


REVISED  ORDINANCES. 


CHAPTER  4. 

ASSESSOR 


AND  ASSESSMENT  OF  PROPERTY. 


Section 

19.  Assessment  of  propert}-,  when 

and  how  to  be  made. 

20.  How  made  when  person   own- 

ing propert}'  is  sick  or  absent. 

21.  Assesment  list  to  be  sworn  to, 

how,  and  penalty  for  failure 
to  have  same  done. 

22.  Oath  to  be  taken,  form  of,  pen- 

alty for  refusal  to  make,  oath 
and  list  when  to  be  filed. 

23.  When  no  list  is  given,  the  as- 

sessor to  make  same,  when 
and  how. 

24.  Failure  to  make  out   list  after 

notice  is  given  property  to  be 
assessed  double,  penalty  for 
assessor  to  fail  to  do  so. 

25.  Returning    false    list,    penalt}' 

for,  duty  of  assessor  and 
board  of  equalization. 

26.  Manufacturing  and   other   cor- 

porations, property  how  as- 
sessed. 

27.  Stock  and   shares   of  Building 

and  Loan  associations,  how 
assessed. 

28.  Such  assessment  to  be  paid  by 

corporations,  etc. 

29.  Failure  of  corporations  to  com- 

ply with  the  provisions  of  this 
chapter,  penalty  for. 

30.  The  assessor's  book  of  last  as- 

sessment to  be  delivered  to 
assessor  by  city  clerk  and  re- 
turned when,  penalty  for  fail- 
ure to  return. 


Section 

31.  Property   assessed  to  be  listed 

and  entered  in  book. 

32.  Assessor's    book    to    be    kept, 

how. 

33.  Property  omitted  in  th^  assess- 

ment for  any    year,    how   as- 
sessed. 

34.  Informality,  etc.,  of  assessment 

not  to  invalidate  the  same 

35.  Value  on  property  assessed  to 

be  fixed  how,  and  when  made. 

36.  Property    not    required    to    be 

listed,     what     proportion     of 
credits,  etc. 

37.  Credits,   how  listed,    what  per- 

mitted to  be  deducted. 

38.  Assessment  made  in  absence  of 

head  of  family,  duplicate  list 
to  be  left,  when, 

39.  Who  liable  to  be  assessed  for 

taxes,  property  owned  on  ist 
day  of  June. 

40.  Assessor's  book  to  be  returned, 

when,  penalt)'  for  failure  of. 

41.  Tax  book  to  be  made  by  clerk, 

how  and  when. 

42.  Preparing  the  assessor's  book, 

the  manner  of. 

43.  Tax  book   w.,en   completed  to 

be   certified   to  by   clerk  and 
turned  over  to  collector,  how. 

44.  Compensation  of  city  assessor, 

when  and  how  paid. 

45.  When   no   special    provision  is 

made  State  law  to  govern. 


Section  19.  The  city  assessor,  jointly  with  the  county 
assessor,  shall,  between  the  first  days  of  June  and  January,  and 
after   being  furnished   with  the  necessary  books  and  blanks  by 


REVISED  ORDINANCES.  II  7 

the  city  clerk,  at  the  expense  of  the  city,  proceed  to  take  a  Hst 
of  all  taxable  property  within  the  city,  and  assess  the  value 
thereof  in  the  manner  following,  to-wit:  He  shall  call  at  the 
office,  place  of  doing  business  or  residence  of  each  person  re- 
quired by  law  to  list  property  for  taxation  for  state  and  county 
purposes,  and  the  charter  and  ordinances  of  the  City  of  Se- 
dalia,  and  shall  require  such  person  to  make  a  correct  state- 
ment of  all  taxable  property  owned  by  such  person  or  under 
the  care,  charge  or  management  of  such  person,  except  mer- 
chandise, which  may  be  required  to  pay  a  license  tax,  and  be- 
ing within  the  State  of  Missouri,  in  the  same  manner  and  under 
the  same  requirements  as  are  required  and  provided  for  the 
listing  of  property  for  taxation  for  State  and  county  purposes, 
and  the  charter  and  ordinances  of  the  city ;  and  the  person 
listing  the  property  shall  enter  a  true  and  correct  statement  of 
such  property  in  a  printed  or  written  blank,  prepared  for  that 
purpose,  which  statement,  after  being  filled  out,  shall  be  signed 
and  sworn  to,  to  the  extent  required  by  ordinance  and 
charter  of  the  city  and  laws  of  this  State  by  the  person  listing 
the  property,  and  delivered  to  the  assessor.  Such  list  shall  con- 
tain:  First,  a  list  of  all  the  real  estate  and  its  value,  to  be 
listed  and  assessed  on  the  first  day  of  June,  1S93,  ^r^d  an- 
nually thereafter,  anything  to  the  contrary  notwithstanding. 
Second,  a  list  of  all  the  live  stock,  showing  the  number  of 
horses,  mares  and  geldings,  and  their  value,-  the  number  of 
asses  and  jennets,  and  their  value;  the  number  of  mules, 
and  their  value;  the  number  of  neat  cattle,  and  their  value; 
the  number  of  sheep,  and  their  value;  the  number  of  hogs, 
and  their  value;  and  all  other  live  stock  and  its  value. 
Third,  an  aggregate  statement  of  all  the  farm  machinery 
and  implements,  and  their  value.  Fourth,  a  statem  nt 
of  household  property,  including  the  number  of  pianos  and 
other  musical  instrumeni.s,  clocks,  watches,  chains  and  ap- 
pendages, sewing  machines,  gold  and  silver  plate,  jewelry, 
household  and  kitchen  furniture,  and  the  value  thereof.  Fifth, 
money  on  hand.      Sixth,  money  deposited  in  any  bank  or  other 


Il8  REVISED  ORDINANCES. 

sate  place.  Seventh,  an  aggregate  statement  of  solvent  notes 
unsecured  by  mortgage  or  deed  of  trust.  Eighth,  an  aggre- 
gate statement  of  all  solvent  notes  secured  by  mortgage  or 
deed  of  trust.  Ninth,  an  aggregate  statement  of  all  solvent 
bonds,  whether  state,  county,  town,  city,  township,  incorpor- 
ated or  unincorporated  companies.  Tenth,  all  other  property 
not  above  enumerated  (except  merchandise),  and  its  value. 
Under  this  head  shall  be  included  all  pleasure  carriages  of  all 
kinds;  all  printing  presses,  type  and  machinery  therewith  con- 
nected ;  and  all  portable  mills  of  every  description,  and  all 
post  coaches,  'carriages,  wagons  and  other  vehicles  used  by  any 
person  in  the  transportation  of  mails  (except  railway  carriages), 
all  carriages,  hacks,  wagons,  buggies  and  other  vehicles  of 
every  kind  and  description  kept  or  used  by  liverymen,  all  carts, 
hacks,  omnibusses  and  all  other  vehicles  used  in  the  transporta- 
tion of  persons  (except  railway  caniages),  and  all  paintings 
and  statuary,  and  every  other  species  of  property  not  exempt 
by  law  from  taxation, 

Sec.  20.  If  any  person  required  by  this  chapter  to  list 
property  shall  be  sick  or  absent  when  the  assessor  calls  for  a  list 
of  his  property,  the  assessor  shall  leave  at  the  office,  the  usual 
place  of  residence  or  business  of  such  person,  a  written  or  printed 
notice,  requiring  such  person  so  make  out  and  leave  at  the  place 
named  by  the  assessor,  on  or  before  some  convenient  day  named 
therein,  not  less  than  ten  nor  more  than  twenty  days  from  the 
day  of  such  notice,  a  sworn  statement  of  the  property  which  he 
is  required  to  list,  and  shall  leave  with  such  notice  a  printed  or 
written  blank  upon  which  to  make  the  statement  required  of 
such  person.  The  date  of  leaving  such  notice,  and  the  name  of 
the  person  required  to  list  the  property,  shall  be  carefully  noted 
by  the  assessor ;  and  if  any  such  person  shall  neglect  or  refuse 
to  deliver  the  statement,  properly  made  out,  signed  and  sworn 
to  as  required,  the  assessor  shall  make  the  assessment,  as  re- 
quired in  this  chapter;  Provided,  that  the  assessor  may  omit 
assessing  the  penalty  in  cases  of  neglect,  where  he  is  satisfied 
the  same  is  unavoidable  and  not  willful. 


i 


REVISED  ORDINANCES.  I  19 

Sec.  21.  The  city  assessor,  the  county  assessor  and  any 
deputy  countya  ssessor,  the  county  clerk,  circuit  clerk,  notaries 
public,  judges  of  the  county  court,  justices  of  the  peace,  probate 
judges,  and  the  city  clerk  and  all  other  judicial  ofificers,  are  em- 
powered and  authorized  to  administer  any  oath  relating  to  the 
assessment  of  property  required  by  this  chapter,  and  to  afifix 
thereto  their  jurat  and  seal,  if  they  have  one,  and  the  assessor 
shall  be  liable  to  a  fine  or  forfeiture  of  not  less  than  ten  dollars 
to  be  recovered  by  suit  on  his  official  bond  by  indictment,  for 
each  list  he  shall  receive  without  same  being  duly  sworn  to  be- 
fore some  such  ofificer ;  Provided,  he  shall  not  be  subject  to  a 
fine  or  forfeiture  in  any  case  where  he  has  made  out  such  state- 
ment on  his  own  knowledge  or  information,  in  the  absence  of 
the  person  whose  property  is  listed,  or  where  he  has  made  it 
out  on  the  refusal  of  the  tax-payer  to  make  it  out  and  swear 
to  it. 

»Sec  22.  The  oath  to  be  signed  and  sworn  to  by  each 
person  making  the  statement  of  property  required  by  this 
chapter  shall  be  as  follows : 

I, ,  do  solemnly  swear,   or   affirm,    that   the 

foregoing  list  contains  a  true  and  correct  statement  of  all  the 
property  made  taxable  by  the  laws  of  the  State  of  Missouri,  in- 
cluding therein  the  number  of  horses,  number  of  neat  cattle, 
number  of  sheep,  number  of  hogs,  number  of  asses  and  jennets, 
number  of  mules,  all  other  live  stock,  all  farm  machinery  and 
implements,  household  furnituue,  musical  instruments,  clocks, 
watches,  chains  and  appendages,  sewing  machines,  gold  and 
silver  plate,  jewelry,  household  and  kitchen  furniture,  money 
on  hand,  money  deposited,  notes  unsecured  by  mortgages  or 
deeds  of  trust,  notes  secured  by  mortgages  or  deeds  of  trust,  all 
bonds  whether  state,  county,  town,  city,  township  or  of  incor- 
porated or  unincorporated  companies,  and  all  other  property  and 
its  value,  which  I  owned  on  the  first  day  of  June,  18 — ,  or 
which  I  had  under  my  charge  or  management,  or  any  money  or 
property  due  me  on  said  day  from  solvent  persons  or  compa- 
nies, on  notes,  accounts  or  otherwise,  as  fully  and  specifically  as 


120  REVISED  ORDINANCES. 

I  am  required  to  make  out  a  return  thereof  under  this  chapter, 
and  the  laws  of  Missouri,  and  I  do  further  solemnly  swear,  or 
affirm,  that  I  have  not  sent  or  taken,  or  caused  to  be  taken,  any 
of  my  property,  money  or  bills,  bonds  or  notes,  or  other  se- 
curities or  evidences  of  debts,  out  of  this  State  to  avoid  taxa- 
tion.     So  help  me  God. 

Any  person  who  shall  refuse  to  make  oath  to  his  list,  when 
required  so  to  do  by  the  assessor  or  his  deputy,  shall  be  subject 
to  a  fine  of  not  less  than  ten  dollars  nor  more  than  one  thousand 
dollars,  to  be  recovered  by  suit  in  the  name  of  the  State  of  Mis- 
souri, or  by  indictment;  and  no  property  shall  be  exempt  fiom 
execution  issued  on  judgments  by  suits  or  indictn\ents  under  the 
provisions  of  this  chapter.  The  oath  and  list  required  by  this 
chapter  shall  be  by  the  assessor,  after  he  has  completed  his 
assessor's  book,  filed  in  the  office  of  the  city  clerk,  and  by  him 
after  entering  the  filing  of  the  same  thereon,  be  preserved  and 
safely  kept.  And  no  such  list  shall  be  changed  or  altered  or 
amended  after  it  is  filed  wi;h  the  city  clerk,  except  by  order  of 
the  board  of  equalization  or  city  council ;  and  any  person  who 
shall  alter,  change  or  amend  any  such  list  without  such  order 
shall,  upon  conviction,  be  fined  not  less  than  ten  nor  more  than 
one  hundred  dollars,  and  every  city  clerk  or  deputy  city  clerk, 
who  shall  knowingly  permit  any  such  list  to  be  altered,  changed 
or  amended  without  such  order,  shall  forfeit  one  hundred  dollars, 
to  be  recoverd  by  suit  upon  his  official  bond. 

Sec.  23.  Whenever  there  shall  be  any  taxable  property 
in  the  city,  and  from  any  cause  no  list  thereof  shall  be  given  to 
the  assessor  in  proper  time  and  manner,  the  assessor  shall 
jointly  with  the  county  assessor  as  hereinbefore  provided,  make 
out  the  list,  on  their  own  view,  or  on  the  best  of  information 
he  can  obtain,  and  for  that  purpose  he,  with  the  county  as- 
sessor, shall  have  lawful  right  to  enter  into  any  lands  and  make 
any  examination  and  search  which  may  be  necessary,  and  may 
examine  any  person  upon  oath  touching  the  same. 

Sec.  24.  If  any  person,  being  notified  as  aforesaid,  shall 
tail  to  deliver  the  required  list   to    the    assessor,    the    property 


REVISED  ORDINANCES.  12  1 

which  ought  to  have  been  listed  shall  be  assessed  at  double  its 
value;  and  if  the  assessor  shall  neglect  or  refuse  so  to  do,  he 
shall  be  liable  in  each  case,  to  a  penalty  of  ten  dollars,  to  be  re- 
covered at  the  suit  of  the  city,  and  to  be  paid  into  the  city 
revenue  fund. 

Sec.  25.  If  any  person  shall,  with  intent  to  defraud,  de- 
liver to  the  assessor  a  false  list  of  his  property,  it  shall  be  the 
duty  of  the  assessor  to  give  notice  in  writing  thereof  to  the 
board  of  equalization  sitting  for  the  equalization  of  values 
on  property  within  the  city  and  composed  of  the  county 
board  of  eqalization  and  the  mayorand  the  assessor  of  the 
city;  and  the  said  board  shall,  on  receiving  such  notice, 
give  notice  thereof  to  the  person  who  shall  have  furnished 
such  false  list,  which  notice  shall  specify  the  particulars 
in  which  said  list  is  alleged  to  be  false,  and  shall  fix  a 
time  for  a  hearing  of  the  matter,  on  which  day  the  person 
aforesaid  shall  have  the  right  to  appear  and  defend  against  such 
charge;  and  if  it  appear  that  such  person  is  not  guilty  as 
charged  the  board  shall  dismiss  the  matter;  but  if  it  appear 
that  such  person  is  guilty  as  charged,  it  shall  be  the  duty  of 
the  board  of  equalization  to  ascertain  the  true  amount  and 
value  of  all  property  of  such  person  subject  to  taxation  within 
the  city,  for  city  purposes,  and  to  tax  the  same  as  similar  prop- 
erty of  other  persons  is  taxed,  and  in  addition  shall,  by  way  of 
penalty  for  furnishing  such  false  list,  treble  the  amount  of  taxes 
thus  ascertained  against  the  person  ;  and  such  person  shall  be 
required  to  pay  such  treble  amount  and  shall  in  addition  thereto 
be  liable  to  be  punished  for  perjury. 

Sec.  26.  The  property  of  manufacturing  companies  and 
other  corporations  named  in  article  eight,  chapter  forty-two,  of 
the  Revised  Statutes  of  the  State  of  Missouri  of  the  year  1889, 
and  of  all  other  corporations,  the  taxation  of  which  is  not 
otherwise  provided  for  by  law,  shall  be  assessed  and  taxed  as 
the  property  of  individuals.  Persons  owning  shares  of  stock  in 
banks  or  any  joint  stock  institution  or  association  doing  a  bank- 
ing business,  or  any  insurance  company,    whether   fire,    marine. 


122  REVISED  ORDINANCES. 

life,  health,  accident  or  other  insurance,  incorporated  under  or 
by  any  law  of  the  United  Spates  or  State  of  Missouri,  are  not 
required  to  deliver  to  the  assessor  a  list  thereof;  but  the  presi- 
dent or  other  chief  officer  of  such  corporation  shall,  under  oath, 
deliver  to  the  assessor  a  list  of  all  shares  of  stock  held  therein, 
and  the  names  of  the  persons  who  hold  the  same,  and  shall  also 
state  the  actual  cash  value  of  such  stock  and  all  the  property 
belonging  to  such  corporations.  In  estimat  ng  the  value  of 
such  stock  and  property,  the  officer  making  the  same  shall  es- 
timate and  include  all  reserve  funds,  undivided  profits,  prem- 
iums or  earnings,  and  all  other  values  belonging  to  such  corpor- 
ations, which  cash  value  shall  be  assessed  and  taxed  as  other 
personal  property.  Insurance  companies,  or  any  corporations 
doing  busine-s  on  the  mutual  plan  without  capital  stock,  shall 
make  like  returns  of  the  net  value  of  all  assets  or  values  belong- 
ing thereto,  which  net  value  shall  be  assessed  and  taxed  in  like 
manner.  Friva.e  bankers,  brokers,  money  brokers  and  ex- 
change dealers,  shall  in  like  manner  make  return  of  all  moneys 
or  values  of  any  description  invested  in  or  used  in  their  busi- 
ness, which  shall  be  taxed  as  other  personal  property. 

Sec.  27.  All  parties  holding  stock  in  shares  as  owners 
or  in  trust  in  any  building  or  loan  association  of  this  city,  on 
which  no  loan  has  been  obtained  from  such  association,  with 
the  actual  cash  value  of  each  share  on  the  first  day  of  June  in 
each  year,  and  the  tax  shall  be  levied  upon  said  shares,  and  col- 
lected from  such  holder  or  depositor  of  the  same,  as  taxes  on 
other  personal  property  ;  and  any  failure  on  the  part  of  such 
owner,  holder  or  depositor  of  such  shares  shall  subject  such 
holder  to  the  same  penalties  in  this  chapter  provided  for  fail- 
ure to  give  the  assessor  a  true  list  of  all  taxable  property,  veri- 
fied by  affidavit. 

Sec.  28.  The  taxes  assessed  on  shares  of  stock  em- 
braced in  such  list  shall  be  paid  by  the  corporations,  respect- 
ively, and  they  may  recover  from  the  owners  of  such  shares  the 
amount  so  paid  by  them,  or  deduct  the  same  from  the  divid- 
ends accruing  on  such  shares ;    and  the  amount  so  paid  shall  be 


REVISED  ORDINANCES.  I23 

a  lien  on  such  shares,    respectively,    and  shall   be  paid  before  a 
transfer  thereof  can  be  made. 

Sec.  29.  If  the  president  or  other  chief  officer  of  any 
such  corporation  fail  to  comply  with  the  provisions  of  this 
chapter,  he  shall  forfeit  to  the  city  one  thousand  dollars,  to  be 
recovered  by  civil  action  in  the  name  of  the  city. 

Sec.  30.  The  city  clerk  shall  deliver  to  the  assessor,  be- 
fore the  beginning  of  his  assessment,  in  each  year,  the  as- 
sessor's book  of  the  last  assessment  of  real  estate,  and  take  his 
receipt  therefor,  and  the  assessor,  as  soon  as  he  shall  have  com- 
pleted his  assessment  and  made  his  assessor's  book  for  ihe 
year,  shall  return  such  book  to  the  city  clerk  ;  and  if  the  as- 
sessor shall  fail  to  return  such  book  to  the  city  clerk,  or  shall 
return  it  in  a  defaced  or  mutilated  condition,  the  city  shall 
withhold  so  much  of  his  salary  as  shall  be  sufficient  to  replace 
the  same,  and  if  the  cit)^  shall  not  then  be  indebted  to  the  as- 
sessor in  a  sufficient  amount  to  cover  the  expense  of  such  re- 
placement, then,  in  addition  to  withholding  his  wages,  he  shall 
be  liable  to  the  city  on  his  oflficial  bond. 

Sec.  31.  The  assessor,  on  examination  of  the  list  of 
property  delivered  by  individuals,  and  after  diligent  effort  for 
ascertaining  all  taxable  property  in  the  city,  or  subject  to  taxa- 
tion by  the  city,  shall  make  a  complete  list  of  all  such  property 
in  a  book  provided  for  that  purpose,  to  be  called  the  as- 
sessor's book  for  the  year  18 . 

Sec.  32.  The  assessor's  book  shall  be  arranged  and 
divided  into  two  parts  only.  Part  first  to  be  known  and  de- 
nominated the  land  list,  which  shall  contain  all  lands  by  the 
assessor  assessed,  and  arranged  as  nearly  as  may  be  in  numeri- 
cal order,  according  to  the  number  of  lots  and  blocks,  and  shall 
be  placed  in  the  land  list,  with  the  owner's  name,  if  known,  op- 
posite thereto,  the  lowest  numbered  lot,  block  or  survey  always 
to  be  placed  first  in  the  land  list.  At  the  close  of  the  land  list, 
the  assessor  shall  place  all  the  land  which  cannot  be  properly  de- 
scribed by  numerical  order  of  lot  or  block,  which  shall  be  other- 
wise   briefly    described,    indicating    the    quantity    and   location 


124  REVISED  ORDINANCES. 

thereof,  with  the  owner's  names,  if  known,  alphabetically  ar- 
ranged opposite  thereto,  and  the  assessor  shall  place  in  a  column 
opposite  each  tract  of  land  the  assessed  valuation  thereof.  Part 
second  shall  be  known  and  designated  as  the  personal  property 
list,  which  shall  contain  a  list  of  the  names  of  all  persons  liable 
to  assessment,  alphabetically  arranged,  and  the  assessor  shall 
set  opposite  their  names  the  personal  property  respectively 
owned,  controlled  or  managed  by  them.  It  shall  be  in  tabular 
form,  with  suitable  captions,  and  separate  columns  for  the 
names  of  persons  assessed  for  each  kind  of  property,  the  asses- 
sors value  thereof,  the  whole  amount  chargeable  to  each  person, 
and  such  other  columns  as  may  be  uselul  and  convenient  in 
practice. 

Sec.  33.  If  by  any  means  any  tract  of  land,  lot  or  block 
shall  be  omitted  in  the  assessment  of  any  year,  or  series  of 
years,  and  not  put  on  the  assessor's  book,  the  same  when  dis- 
covered, shall  be  assessed  by  the  assessor  for  the  time  being, 
and  placed  upon  his  books,  before  the  same  is  returned  to  the 
city  clerk,  with  all  arrearages  of  tax  which  ought  to  have  been 
assessed  and  paid  in  former  years  charged  thereon. 

Sec.  34.  No  assessment  of  property,  or  changes  thereon, 
shall  be  considered  illegal  on  account  of  any  informality  in  mak- 
ing the  assessment,  or  in  the  tax  list,  or  on  account  of  the  as- 
sessment not  being  made  or  completed  within  the  time  required 
by  the  ordinances  of  the  city. 

Sec.  35.  The  assessor  shall  assess  and  value  all  property 
on  the  assessor's  book  according  to  its  true  value,  in  cash,  on 
the  first  day  of  June  of  the  year  for  which  the  assessment  is 
made ;  and  all  personal  property  shall  be  valued  at  the  cost  and 
price  of  such  property  at  the  place  of  listing  the  same  for  taxa- 
tion. Each  tract  of  land  and  city  lot  shall  be  assessed  and  val- 
ued separately  and  each  kind  of  property  shall  be  assessed 
separately  from  every  other;  but,  First,  the  number  of  horses, 
mules,  asses,  and  their  valuation;  Second,  the  number  of  cattle, 
and  their  valuation:  Third,  the  number  of  hogs,  and  their  val- 
uation, shall  be  entered  in  separate  columns;  Fourth,  all  money, 


REVISED  ORDINANCES.  12  5 

notes,  bonds  and  other  credits  in  a  separate  column,  but  clocks, 
watches,  carriages  and  household  furniture,  and  all  other  per- 
sonal property,  shall  be  entered  in  one  column,  under  the  name 
of  other  personal   property. 

Sec.  36.  No  person  shall  be  required  to  list  a  greater 
portion  of  any  credits  than  he  believes  will  be  received  or  can 
be  collected,  nor  any  greater  portion  of  any  obligation  given  to 
secure  the  payment  of  rent  than  the  amount  that  shall  have  ac- 
crued on  the  lease,  and  shall  remain  unpaid  at  the  time  of  such 
listing.  No  person  shall  be  required  to  include  in  his  statement 
any  portion  of  the  capital  stock  of  any  company  or  corporation, 
when  such  company  or  corporation  is  required  by  law  to  list  or 
return  both  its  capital  stock  and  property  for  taxation  by  this 
city,  except  as  in  such  cases  as  may  be  otherwise  specially  pro- 
vided for;  nor  shall  any  partner  be  required  to  list  or  return 
any  property,  liability  or  supposed  balance  of  said  partnership 
due  him,  the  property,  effects  and  credits  of  said  partnership 
having  been  listed  by  any  other  partner. 

Sec.  37.  In  making  up  the  amount  of  credits  which  any 
person  is  required  to  list  for  himself  or  for  any  other  person, 
company  or  corporation,  he  shall  be  entitled  to  deduct  from  the 
gross  amounts  of  credits  the  amount  of  all  bona  fide  debts  owing 
by  such  person,  company  or  corporation  for  a  consideration  re- 
ceived;  but  no  acknowledgment  of  indebtedness,  not  founded  on 
actual  consideration,  believed  when  received  to  have  been  ade- 
quate, and  no  such  acknowledgment  made  for  the  purpose  of 
being  so  deducted,  shall  be  considered  a  debt  Vv^ithin  the  mean- 
ing of  this  section;  and  so  much  only  of  any  liability  as  surety 
for  others,  shall  be  deducted,  as  the  person  making  out  the 
statement  believes  he  is  legally  and  equitably  bound,  and  will 
be  compelled  to  pay,  on  account  of  the  inability  or  insolvency  of 
the  principal  debtor,  and  if  there  are  sureties  who  are  able  to 
contribute,  then  only  so  much  as  the  surety  in  whose  behalf  the 
statement  is  made  will  be  bound  to  contribute;  Provided,  that 
nothing  in  this  section  shall  be  so  construed  as  to  apply  to  any 
bank,   company   or    corporation    exercising   banking   power   or 


126  REVISED  ORDINANCES. 

privileges,  or  to  authorize  any  deductions  allowed  by  this  sec- 
tion from  the  value  of  any  other  items  of  taxation  than  credits. 

Sec.  38.  Whenever  an  assessment  of  property  is  made 
in  the  absense  of  the  head  of  the  family,  a  duplicate  list  of  such 
assessment  shall  be  left  with  some  member  of  the  family  not 
less  than  fifteen  years  of  age,  and  the  assessor  shall  leave  a 
copy  of  the  assessment  with  the  owner,  at  the  time  of  listing 
the  same,  if  demanded  by  such  owner. 

Sec.  39.  Every  person  owning  or  holding  property  on 
the  first  day -of  June,  including  all  property  purchased  on  that 
day,  shall  be  liable  for  the  taxes  thereon   for   the  ensuing  year. 

Sec.  40.  The  assessor  shall,  on  or  before  the  first  day  of 
January  of  each  year,  return  his  assessor's  book  to  the  city 
council  with  the  following  affidavit  annexed  thereto : 

I, ,    being  duly  sworn,    make  oath  and  say, 

that  I  have  made  diligent  efforts  to  ascertain  all  the  property 
subject  to  taxation  by  the  city  on  the  first  day  of  June  last 
past;  that,  so  far  as  I  have  been  able  to  ascertain  the  same,  it 
is  correctly  set  forth  in  the  foregoing  book,  in  the  manner,  and 
the  value  thereof  stated  therein,  according  to  the  mode  re- 
quired by  ordinance. 

Assessor. 

And  upon  the  failure  of  the  assessor  to  make  such  return,  in 
the  time  above  required,  he  shall  forfeit  to  the  city  two  hun- 
dred dollars  to  be  recovered  by  civil  action ;  Provided,  that  the 
city  council  may,  in  their  discretion,  relieve  the  assessor  from 
such  forfeiture. 

Sec.  41.  As  soon  as  the  assessor's  book  shall  be  cor- 
rected and  adjusted,  the  city  clerk  shall,  within  twenty  days 
thereafter,  make  a  fair  copy  thereof,  with  the  taxes  extended 
thereon,  authenticated  by  the  seal  of  the  city,  for  the  use  of  the 
collector;  and  such  copy  of  the  assessor's  book  shall  be  called 
the  tax  book. 

Sec.  42.  In  preparing  said  assessor's  book,  the  assessor 
shall  provide  therein  two  columns  for  values,  the  first  to  con- 
tain the  total  assessed  valuation  of  personal  and   real   property, 


REVISED  ORDINANCES.  12/ 

the  second  to  contain  the  valuation  of  such  property  as  cor- 
rected and  equalized  by  the  board  of  equalization.  In  all  cases 
of  extension,  when  the  equalized  valuation  shall  happen  to  be 
fractional,  the  assessor  shall  reject  all  such  valuation  as  may 
happen  to  fall  below  fifty  cents :  fractions  of  fifty  cents  or  more 
shall  be  extended  as  one  dollar.  In  the  extension  of  the  taxes, 
the  fractions  of  a  cent  shall  be  extended  as  one  cent  The 
taxes  shall  be  computed  and  extended  by  the  city  clerk, 
against  the  valuation  produced  by  the  board  of  equalization,  in 
a  column  which  shall  be  headed  with  the  total  tax  rate  of  the 
city.  The  city  clerk  shall  add  up  the  figures,  showing  the 
total  amount  of  such  tax,  and  the  aggregate  amount  shall  be 
noted  on  each  page.  The  city  clerk  shall  test  the  accuracy  of 
such  additions,  by  computing  the  amount  of  such  tax  on  the 
aggregate  amount  of  property  on  each  page,  that  he  may  be 
certain  that  the  tax  has  been  properly  added  and  extended. 

Sec.  43.  Immediately  after  said  tax  book  is  completed, 
as  provided  in  the  foregoing  sections  of  this  chapter,  the  city 
clerk  shall  append  thereto  his  certificate  that  the  same  is  a  true 
copy  of  the  assessor's  book,  as  corrected  by  the  board  of 
equalization,  and  he  shall  also  afifix  thereto  a  copy  of  the  or- 
dinance fixing  and  levying  the  tax  for  the  year  for  which  said 
book  shall  have  been  made,  and  deliver  the  same  to  the  collec- 
tor, and  take  his  receipt  for  the  total  amount  of  the  tax 
charged  in  the  tax  book,  and  charge  the  collector  with  the  same. 

Sec.  44.  As  full  compensation  for  all  the  duties  required 
of  the  city  assessor  by  this  chapter  and  the  charter  of  the  city, 
and  the  laws  of  the  State  of  Missouri  he  shall  receive  a  salary 
of  six  hundred  dollars  per  annum  to  be  paid  at  the  same  time 
and  in  the  same  manner  as  the  salaries  of  the  other  officers  of 
the  city. 

Sec.  45.  All  things  not  herein  specifically  provided  for 
shall  be  done  and  performed  in  conformity  with  the  general  law 
of  the  State  with  reference  to  assessments  for  taxation  for  State 
and  county  purposes,  so  far  as  the  same  may  be  followed  con- 
sistently and  without  conflict. 


128 


REVISED  ORDINANCES. 


CHAPTER  5. 

CITY  CEMETERY, 


Section 

46.  General      management     of,    in 

whom  vested. 

47.  Bills    or    accomits  for   repairs, 

etc.,  to  be  presented  to  coun- 
cil, how  paid. 

48.  Schedule-    of    prices    on,   and 

sales  of  lots,  how  and  by 
whom  made,  burial  of  poor 
in  block  11,  when  made. 

49.  Deed  to  lot  to  be   recorded  in 

boolc  by  city  clerk. 

50.  Mayor  to   execute   deed,    only 

upon  receipt  of  schedule  price, 
to  keep  record  of  same. 

51.  Money   received  by    mayor   to 

be  turned   over   to  treasurer. 


Section 

who  shall  receipt  for  same  and 
place  to  cemetery  account. 

52.  Mayor  to  make  report   of  lots 

sold,  etc.,  how  and  when. 

53.  Maj'or  to  appoint  sexton,  how 

and  when,  duty  of  sexton. 

54.  Graves  dug,  depth  of,  etc, 

55.  Sexton    to   keep  in  repair  and 

report  to  the  council   needed 
repairs,  etc  ,  general  duties  of. 

56.  Misdemeanor  to  injure,  deface, 

ptc,   to  trespass,  commit  nui- 
sance, etc. 

57.  Sexton  to  give  bond,    in   what 

sum. 


Sec.  46.  The  general  management  of  the  city  cemetery 
of  the  City  of  Sedalia,  situate  northeast  of  said  city,  shall  be 
vested  in  the  mayor  and  city  council. 

Sec.  47.  All  bills  or  accounts  for  any  improvements  or 
repairs  on  said  cemetery,  shall  be  presented  to  the  city  council 
for  allowance,  in  like  manner  as  other  bills  and  accounts  are 
audited.  All  such  bills  and  accounts  shall  be  paid  out  of  the 
cemetery  funds  by  warrants  drawn  on  the  city  treasurer. 

Sec.  48  It  shall  be  the  duty  of  the  city  council  to  grade 
the  price  of  all  lots  not  sold  m  the  cemetery  according  to  the 
location  and  desirability  of  the  same,  and  furnish  a  schedule  of 
such  prices  to  the  mayor  and  sexton  of  the  cemetery,  and  it 
shall  be  the  duty  of  the  mayor  to  execute  and  deliver  sufficient 
deeds  of  conveyance  of  the  lots  in  said  cemetery  to  any  person 
who  may  purchase  the  same  at  the  price  or  sum  determined  by 
said  schedule;    Provided,   that  the  mayor  may  assign  a  place  of 


REVISED  ORDINANCES.  I  29 

burial  to  any  poor  person  unable  to  pay  for  the  same,  when 
necessity  demands  it,  in  block  eleven  in  said  cemetery,  free  of 
charge. 

Sec.  49.  Any  person  who  sha!l  receive  a  deed  to  any 
cemetery  lot,  shall  present  the  same  to  the  city  clerk,  whose 
duty  it  shall  be  to  record  said  deed  in  a  book  kept  for  that 
purpose. 

Sec.  50.  The  mayor  shall  in  no  case  execute  a  deed  for 
any  lot,  or  any  single  grave,  unless  the  schedule  price  of  the 
same  be  paid  to  him  at  the  time  of  executing  such  deed.  And 
the  mayor  shall  keep  a  record,  in  a  book  kept  for  that  purpose, 
showing  the  numbers  and  locations  of  all  lots  and  graves  sold, 
and  grave  lots  assigned  to  poor  persons,  together  with  the 
narwes  of  the  persons  who  purchased  the  same,  or  to  whom  any 
grave  may  be  assigned,  and  also  the  price  charged  and  re- 
ceived by  him  for  said  lots  or  grounds.  And  if  the  mayor  shall 
sell  and  convey  any  lot  or  grave,  without  receiving  the  sched- 
ule price  therefor,  he  shall  be  held  accountable  to  the  city  for 
such  sums  as  he  fails  to  collect. 

Sec.  51.  All  moneys  received  by  the  mayor  from  the 
sale  of  cemetery  lots,  or  other  matters  connected  with  the  cem- 
etery, shall  be  paid  by  him  into  the  city  treasury,  and  the  city 
treasurer  shall  receipt  to  him  for  the  same,  and  shall  place  all 
such  moneys  to  the  credit  of  what  shall  be  known  as  the  city 
cemetery  fund. 

Sec.  S2.  The  mavor  shall  make  semi-annual  written  re- 
ports  of  the  number  of  lots  sold,  and  assigned  to  poor  persons, 
with  the  names  of  the  persons  buying  the  same,  or  poor  per- 
sons to  whom  assigned,  together  with  a  proper  description  of 
such  lots ;  and  he  shall  make  any  additional  written  report  of 
the  matter  above  recited  whenever  required  to  do  so  by  a  reso- 
lution of  the  city  council. 

Sec.  53.  It  shall  be  the  duty  of  the  mayor  to  appoint 
and  the  council  to  confirm,  as  in  other  appointive  ofifices  of  the 
city,  some  suitable  person  as  sexton  of  the  cemetery,  whose 
duty  it  shall  be  to  cause  to  be  dug  and  filled  up,  all  graves  for 


130  REVISED  ORDINANCES. 

the  interment  of  the  dead  that  may  be  buried  in  the  cemetery; 
and  he  shall  receive  for  digging  and  filling  up  each  grave  the 
sum  of  three  dollars,  but  no  person  shall  be  compelled  to  em- 
ploy such  sexton  to  dig  and  fill  any  grave,  but  he  shall  be 
entitled  to  receive  the  sum  of  one  dollar  for  laying  off  and 
superintending  any  grave  which  he  may  not  be  employed  to  dig 
and  fill:  Provided,  that  the  person  or  persons  for  whom  such 
graves  are  dug  and  filled  shall  pay  such  fees,  and  the  city  of 
Sedalia  shall  in  no  wise  be  responsible  for  the  payment  of  the 
same. 

Sec.  54.  All  graves  shall  be  dug  sufficiently  deep  so  that 
the  top  of  the  cofiin  or  box  shall  be  at  least  four  and  one-half 
feet  below  the  surface  of  the  ground. 

Sec.  55.  It  shall  be  the  duty  of  the  sexton  to  keep  and 
preserve  the  grounds,  fences,  enclosures,  and  other  property 
pertaining  to  the  cemetery  in  good  repair;  to  report  to  the 
council  any  repairs  or  improvements  that  may  be  needed  ;  to 
prevent  trespassing  on  the  grounds,  preserve  the  monuments, 
graves  and  property  generally  in  and  about  the  cemetery,  from 
being  injured  or  defaced;  to  keep  the  walks  and  avenues  free 
from  grass,  brush,  weeds,  and  other  incumbrances ;  to  keep  a 
true  record  in  a  book  kept  for  that  purpose,  of  the  name,  age, 
nativity,  date  of  death,  last  place  of  residence,  cause  of  death, 
and  the  lot  and  block  in  which  buried,  of  every  person  in- 
terred in  said  cemetery. 

Sec.  56.  Any  person  who  shall  injure,  deface  or  destroy 
any  grave,  tombstone,  monument  or  fence  thereon,  or  any 
of  the  flowers,  plants  or  shrubbery  in  said  cemetery,  or  who 
shall  be  guilty  of  any  lewd  or  indecent  conduct  in  said  ceme- 
tery, or  who  shall  be  found  in  said  cemetery  after  9  o'clock  p. 
m.  without  permisson  from  the  sexton,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  be  punished  by  a  fine 
of  not  less  than  five  nor  more  than  one  hundred  dollars. 

Sec.  57.  Any  person  before  entering  upon  his  duties  as 
sexton,  shall  enter  into  a  good  and  sufficient  bond,  with  at  least 


\ 


REVISED  ORDINANCES.  131 

two  good  sureties,  in  a  sum  not  less  than  five  hundred  dollars, 
to  be  approved  by  the  mayor,  conditioned  for  the  faithful  dis- 
charge of  the  duties  of  his  ofitice. 


CHAPTER  6. 
CHARITY. 

Section  j  Section 

58.   Board  of  charitable  relief;  shall    j     59.   Board  to  keep  what  record,  etc. 
consist  of  whom,  duty  of  | 

Section  58.  There  shall  be  a  board  of  charitable  relief  in 
and  for  the  City  of  Sedalia,  which  shall  consist  of  the  mayor, 
the  president  pro  tem.  of  tht  city  council  and  the  marshal,  for 
the  purpose  of  managing  and  distributing  all  funds  appropriated 
and  received  for  the  relief  of  destitute  persons  and  families  by 
the  city,  and  all  funds,  provisions,  fuel  and  clothing  contributed 
by   individuals. 

Sec.  59.  The  mayor  of  the  city  shall  be  chairman  of  said 
board,  and  it  shall  be  the  duty  of  said  board  to  keep  a  record 
of  all  funds  and  property  received  by  them  for  charitable  pur- 
poses, and  the  names  of  destitute  persons  or  families  to  whom 
paid  or  distributed,  and  also  the  names  of  every  person  or 
family  for  whom  they  have  authorized  the  attendance  of  physi- 
cians, or  the  furnishing  of  medicine  by  prescription  or  other- 
wise, and  all  other  transactions ;  and  they  shall  make  reports  to 
the  city  council  whenever  required  by  them,  and  shall  make 
semi-annual  reports  at  the  same  times  required  by  other  officers. 


132 


REVISED  ORDINANCES. 


CHAPTER  7, 


CONDEMNATION   OF  PRIVATE  PROPERTY. 


Section 

60.  Private  property  taken,  compen- 

sation  to   be   made,   how  de- 
termined. 

61.  Private    property  to  be  taken, 

limits  of  benefit  district,  how 
determined. 

62.  Compensation   for,   how   deter- 

mined  by  the  jury,  in  case  of 
failure  to  agree  what. 

63.  Party  may   relinquish   property 

and  be   exempted   from    pay- 
ment of  benefits,  how. 

64.  Verdict  of  jury  to  be  reported 


Section 

to  council  and  acted  upon; 
special  tax-bills  to  be  issued 
how  and  when;  general  provis- 
ions governing. 

65.  Appeals     from      condemnation 

proceediegs,  how  and  when 
taken;  proceedings  in  circuit 
court  and  the  enforcement  of 
judgments  therein. 

66.  Clerk     to     keep     full     record, 

when  and  effect  of  as  evidence, 
cost  in  condemnation  proceed- 
ing, liow  paid. 


Section  60.  Whenever  the  council  shall,  by  ordinance, 
provide  for  establishing,  opening,  widening,  extending  or  altering 
any  street,  avenue,  alley,  wharf,  market  place  or  public  square, 
or  route  for  sewer,  either  on  its  own  motion  or  on  the  petition 
of  the  majority  of  the  owners  of  the  ground  fronting  thereon, 
and  it  becomes  necessary  for  the  purpose  to  take  private  prop- 
erty described  in  such  ordinance,  just  compensation  shall  be 
paid  therefor  to  the  owner  or  owners  of  such  property,  which 
the  mayor  shall  cause  to  be  ascertained  and  assessed  by  a  jury 
of  six  disinterested  freeholders  of  the  city,  by  proceedings  pre- 
scribed by  ordinance,  and  as  in  this  chapter  provided.  The 
mayor  shall  have  and  exercise  the  power  of  a  circuit  court  for 
conducting  such  proceedings,  for  the  preservation  of  order  and 
enforcing  process  issued  in  the  course  of  proceedings,  and  may 
summon  and  compel  the  attendance  of  witnesses  and  jurors,  and 
fine  and  commit  any  person  guilty  of  a  misdemeanor  or  con- 
tempt, preside  at  the  investigation  and  pass  on  the  competency 


REVISED  ORDINANCES. 


133 


of  evidence,  and  instruct  the  jury  on  questions  of  law  arising 
thereon.  The  city  clerk  shall  issue  process,  and  attend  and  re- 
cord orders  made  by  the  mayor. 

Sec.  61.  When  any  ordinance  provides  for  the  taking  of 
private  property,  as  authorized  in  the  preceding  section,  the 
council  shall  by  ordinance,  before  any  steps  are  taken  to  em- 
panel a  jury,  determine  and  prescribe  the  limits  within  which 
private  property  shall  be  deemed  benefited  by  the  proposed  im- 
provement, and  be  assessed  and  charged  to  pay  compensation 
therefor ,  and  thereupon  the  city  engineer  shall  make  out  and 
deliver  to  the  mayor  a  statement,  by  plat,  map  or  otherwise, 
coptaining  a  correct  description  of  the  several  lots  or  parcels  of 
property  deemed  benefited  and  to  be  assessed  to  pay  compensa- 
tion, as  provided  by  ordinance  as  aforesaid,  and  containing  also 
the  names  of  the  owners  or  claimants  of  such  lots  or  parcels  of 
property,  or  of  any  interest  or  estate  therein,  who  may  be  such 
at  the  time  of  the  passage  of  the  ordinance  providing  for  the 
taking  of  such  property.  The  mayor  shall  thereupon,  by  order, 
appoint  a  day  or  place  for  empaneling  a  jury  to  ascertain  the 
compensation  for  the  property  to  be  taken,  and  to  make  assess- 
ments to  pay  the  same.  The  city  clerk  shall  then  issue  a 
notice,  under  his  hand  and  seal  of  the  city,  which  shall  give  the 
names  of  the  own-^rs  of  the  property  to  be  taken,  and  state  that 
their  property  will  be  taken  for  the  purpose  specified  in  the  or- 
dinance, giving  the  title  and  date  of  approval  thereof,  and  that 
a  jury  will  be  empaneled  to  make  such  assessment  on  the  day 
and  at  the  place  fixed  by  the  mayor.  Each  property  owner 
shall  be  served  with  a  notice  in  which  the  name  of  the  owner  is 
given,  either  by  delivery  to  such  owner  a  copy  of  the  notice,  or 
leaving  such  copy  for  such  owner  at  the  usual  place  of  abode  of 
such  owner,  with  some  member  of  the  family  of  such  owner 
over  the  age  of  fifteen  years — corporations  to  be  served  in  like 
manner  as  with  summons  in  ordinary  civil  actions — or  if  service 
cannot  be  made  on  all  or  any  of  the  parties,  as  aforesaid,  within 
the  city  limits,  the  return  shall  so  state,  and  the  return  on  such 
notice  shall  be  prima  facie  evidence  of  the  facts  stated  therein ; 


134  REVISED  ORDINANCES. 

thereupon  a  copy  of  the  notice  not  fully  served,  or  if  necessary 
an  alias  notice,  specifying  a  different  day  to  be  fixed  by  the 
mayor  for  empaneling  a  jury,  shall  be  published  for  four  weeks 
before  the  day  fixed  for  empaneling  the  jury,  in  the  newspaper 
for  the  time  doing  the  city  printing.  The  mayor  may  continue 
the  matter  of  empaneling  a  jury  from  time  to  time,  and  cause 
new  notices  to  be  issued  or  published  for  owners  named  by  the 
engineer  or  others  interested,  until  jurisdiction  of  the  proper 
parties  is  obtained.  An  afifidavit  of  any  publisher  of  any  notice, 
accompanied  >vith  a  copy  of  the  notice,  shall  be  evidence  of  the 
fact  of  publication  as  stated  therein.  Service  of  the  notice  shall 
be  made  at  least  six  days  before  the  jury  shall  be  empaneled  ; 
publication  shall  be  sufificient  if  made  for  four  weeks  next  pre- 
ceding the  empaneling  the  jury.  It  shall  be  sufificient  to  bring 
in  the  owners  of  property  who  may  be  such  at  the  date  of  the 
passage  of  the  ordinance  providing  for  the  improvement,  and 
all  parties  claiming  or  holding  through  or  under  such  owners, 
or  any  of  them,  shall  be  bound  by  the  proceedings  without  be- 
ing brought  in ;  in  respect  to  any  property  affected  by  the  pro- 
ceedings through  any  or  all  of  the  parties  claiming  or  holding 
through  or  under  such  owners,  or  any  of  them,  may  be  joined 
on  their  own  motion,  or  be  brought  in  on  order  of  the  mayor. 
Sec.  62.  The  jury  shall  first  ascertain  the  actual  damage 
done  to  each  person  or  corporation  in  consequence  of  taking 
their  property  for  such  purposes,  without  references  to  the  pro- 
posed improvement,  as  the  just  compensation  to  be  made  there- 
for;  and  second,  to  pay  compensation,  assess  against  the  city 
the  amount  of  benefit  to  the  city  and  public  generally,  inclusive 
of  benefits  to  any  property  of  the  city,  and  against  the  several 
lots  or  parcels  of  private  property  deemed  benefited,  as  deter- 
mined according  to  the  last  section,  by  the  proposed  improve- 
ment, the  balance  of  such  compensation — each  lot  or  parcel  of 
ground  to  be  assessed  with  an  account  bearing  the  same  ratio  to 
such  balance  as  the  benefit  to  each  lot  or  parcel  of  ground  bears 
to  the  whole  benefit  to  all  the  private  property  assessed.  Parties 
interested  may  submit  proof  of  it   to   the  jury,   and   the   latter 


REVISED  ORDINANCES.  I35 

shall  examine,  personally,  the  property  to  be  taken  and  as- 
sessed. The  verdict  of  the  jury  shall  be  signed  by  each  juror 
and  delivered  to  the  mayor,  and  contain  a  correct  description  of 
each  lot  or  parcel  of  property  to  be  taken,  the  names  of  the 
owners  or  claimants,  and  the  value  thereof,  and  also  the  amount 
assessed  against  the  city,  together  with  a  correct  description  of 
each  lot  or  parcel  of  private  property  assessed,  and  the  amount 
assessed  against  the  same,  and  the  names  of  the  owners  thereof. 
The  city  engineer  and  city  attorney  shall,  when  required  by  the 
mayor,  aid  the  jury  to  put  their  verdict  in  proper  form ;  and 
they  shall  not  be  discharged  until  the  mayor  is  satisfied  the 
verdict  is  correct  in  form.  The  mayor  may  adjourn  the  pro- 
ceedings from  time  to  time,  until  the  matter  is  completed.  If 
the  jury  can  not  agree,  the  mayor  may  discharge  them,  and 
may  proceed  to  empanel  another  jury  to  perform  the  duties  de- 
volving on  a  jury  by  this  chapter,  and  no  notice  to  parties  in- 
terested shall  be  necessary  beyond  the  order  of  the  mayor,  re- 
corded by  the  clerk:  but  the  order  to  empanel  a  new  jury  must 
be  made  and  recorded  on  the  day  of  discharging  any  jury,  and 
fix  the  time  and  place  for  empaneling  a  new  jury,  or  nothing 
further  shall  be  done  under  the  ordinance.  No  compensation 
shall  be  made  to  any  property  owner  who  petitions  for  proceed- 
ings under  this  chapter. 

Sec.  63.  When  any  one  or  more  of  the  owners  of  prop- 
erty which  it  may  be  necessary  to  take  for  public  use  in  the 
opening,  widening  or  extending  of  any  street,  alley,  park  or 
route  for  sewer  by  virtue  of  any  ordinance  of  the  city,  opening 
any  such  street,  alley,  avenue,  park  or  route  for  sewer,  shall 
propose  to  relinquish  such  property  without  claim  or  damages, 
on  condition  of  exemption  from  payment  of  benefits  for  such  im- 
provements, or  other  conditions  the  council  may  be  authorized 
to  compromise  or  agree  with  such  persons,  and  to  remit,  abate 
and  exempt  from  the  payment  of  damages,  on  condition  of 
benefits,  wholly  or  partly,  as  equity  may  seem  to  require,  and 
proceed  to  condemn  such  other  property  as  may  not  be  relin- 
quished for  the  purpose,  and  to  assess  the  damages  and  benefits 


136  REVISED  ORDINANCES. 

therefor,  to  and  upon  such  other  persons  and  property  as  may 
be  damaged  or  benefited  by  such  improvements,  anything  con- 
tained in  this  chapter  to  the  contrary  notwithstanding. 

Sec.  64.  The  mayor  shall,  after  the  rendition  of  the  verdict, 
report  the  same,  together  with  the  proceedings  under  the  last 
section,  to  the  council;  and  if  the  same  be  not  confirmed  within 
sixty  days  from  the  making  of  the  report,  the  proceedings  and 
verdict  shall  be  void,  and  new  proceedings  maybe  instituted  at 
any  time  after  the  expiration  of  eight  months  from  the  making 
of  such  report.  If  the  council,  by  ordinance,  confirm  the 
verdict  and  proceedings  under  the  two  preceding  sections, 
within  sixty  days  from  the  report  of  the  mayor,  an  appropria- 
tion shall  be  made  to  pay  such  sum  as  has  been  assessed  against 
the  city;  and  the  amounts  assessed  by  the  jury  against  the 
property  shall  be  a  lien  on  the  several  lots  and  parcels  of  prop- 
erty charged,  from  the  day  the  ordinance  providing  for  the  im- 
provement takes  effect  until  paid  and  if  not  paid  within  thirty 
days,  after  the  confirmation,  shall  bear  interst  at  the  rate  of 
fifteen  per  cent  per  annum  from  the  confirmation  of  the  verdict, 
and  shall  be  collected  by  the  city  as  provided  by  ordinance,  by 
srit  or  otherwise,  as  any  other  special  tax,  or  by  special  execu- 
tion as  follows,  viz.  :  A  special  tax  bill  may  be  issued  by  the 
city  clerk,  under  his  hand  and  seal  of  the  cify,  against  any  lot 
or  parcel  of  ground  assessed,  which  bill  shall  contain  a  descrip- 
tion of  such  lot  or  parcel  of  ground,  the  names  of  the  owners 
thereof,  and  the  amount  assessed  against  the  same,  as  appears 
by  the  verdict,  and  state  that  the  assessment  has  been  made  to 
pay  compensation  for  private  property  taken  for  the  purpose 
specified  in  the  ordinance  providing  for  the  improvement,  giv- 
ing the  title  and  date  of  approval  thereof,  and  that  such  assess- 
ment has  been  confirmed  by  ordinance,  giving  the  title  and 
date  of  approval  of  same ;  and  the  amount  of  such  assessment 
shall  bear  interest  as  herein  provided.  Each  tax  bill  so  issued 
shall  be  filed  in  the  ofiice  of  the  clerk  of  the  circuit  court  of 
Pettis  county,  and  by  such  clerk  recorded  and  indexed  as  a 
judgment   in   favor  of  the  city  against  the  property  described  in 


REVISED  ORDINANCES  I  37 

the  bill.  At  any  time  after  the  filing  and  recording  of  any  such 
tax  bill  as  aforesaid,  a  special  execution  may  be  issued  thereon, 
out  of  said  circuit  court  in  vacation  or  term  time,  as  on  a  judg- 
ment of  the  court  in  favor  of  the  city;  which  execution  shall 
recite  the  tax  bill  or  the  record  thereof,  and  state  when  the  bill 
was  filed,  and  be  directed  to  the  sheriff  of  Pettis  county,  and 
command  him,  in  case  the  assessment,  interest  and  costs  be  not 
paid  to  him,  to  sell  the  property  therein  described,  or  so  much 
thereof  as  may  be  necessary  to  pay  such  assessments,  interests 
and  cost-.  The  proceedings  under  such  special  executions  shall, 
as  far  as  practicable,  conform  to  the  proceedings  on  special 
exe-cutions  on  ordinary  judgment  foreclosing  liens  on  lands. 
Any  sale,  incl  iding  the  making  of  a  deed  by  the  sheriff  to  the 
purchaser,  made  as  aforesaid,  shall  vest  in  the  purchaser  all  the 
right,  title,  interest  and  estate  in  the  land  of  the  parties  named 
as  owners  in  the  tax  bill,  who  have  not  paid  their  share  of  the 
assessment,  and  all  parties  claiming  through  or  under  them  or 
any  of  them  by  operation  of  law  or  otherwise,  shall  be  bound 
thereby.  Tax  bills  filed  and  recorded  as  aforesaid  shall  be  sub- 
ject to  the  order  of  the  circuit  court,  and  may  be  set  aside,  or 
the  amount  of  the  assessment  reduced,  on  motion  of  any  party 
interested  in  the  property  assessed,  the  city  having  reasonable 
notice  of  the  filing  of  such  motion  and  the  object  thereof.  If 
no  title  can  be  acquired  under  the  proceedmgs  to  any  of  the 
property  sought  to  be  taken,  the  court  shall  set  aside  any  bill 
and  assessment  on  motion.  If  by  reason  of  any  defect  or 
omission  in  the  proceedings  the  city  can  not  acquire  title  or 
right  to  any  particular  parcel  of  property,  or  to  any  interest  in 
any  parcel  of  property  sought  to  be  taken,  the  court  shall,  on 
the  facts  being  made  to  appear,  reduce  the  assessment  by  de- 
ducting therefrom  so  much  thereof  as  was  assessed  on  account 
of  the  property  or  interest  in  the  property  sought  to  be  taken, 
but  not  acquired,  to  be  determined,  as  far  as  practicable,  from 
the  verdict  of  the  jury  making  the  assessment,  and  award 
execution  for  the  residue.  No  assessment  shall  be  effected  or 
interfered  with  for  the  reason  that  any  other  assessment  or  as-' 


138  REVISED-' ORDINANCES. 

sessments  made  in  the  same  proceedings  may  be  invalid  in 
whole  or  in  part.  Executions  and  proceedings  thereon  shall  be 
under  the  control  of  the  circuit  court  or  the  judge  thereof,  as  in 
ordinary  civil  cases.  The  owner  of  any  individual  interest  in 
any  lot  or  parcel  of  property  assessed  may  pay  his  share  sep- 
arately. No  sale  on  execution,  or  any  special  tax  bill,  shall  be 
effected  or  invalidated  because  there  may  have  been  ground  to 
set  aside  or  reduce  the  bill.  In  the  case  of  the  death  of  any 
property  owner,  pending  any  proceedings  under  this  chapter,  it 
shall  not  be  .necessary  to  bring  in  his  representative  to  revive 
judgment  against  him,  though  it  may  be  done  if  advisable. 
The  city  may  resort  to  all  or  any  of  the  modes  of  collecting 
.^uch  assessments  at  the  same  time,  but  shall  have  only  one  sat- 
isfaction. Money  collected  on  such  assessments  shall  be  used 
only  to  pay  such  compensation,  and  interest  collected  shall  be 
apportioned  and  paid  equitably  to  the  owners  of  the  property 
taken. 

Section  65.  In  case  the  city  or  any  defendant  to  such 
proceedings  shall  feel  aggrieved  by  the  verdict  of  the  jury,  such 
party  so  aggrieved  may,  witliin  twenty  days  from  the  time  the 
verdict  of  the  jury  is  confirmed  by  the  council,  appeal  to  the 
circuit  court  in  and  for  Pettis  county.  If  the  appeal  is  taken 
by  either  party,  the  same  shall  be  taken  and  perfected  by  the 
filing  with  the  clerk  of  the  city,  within  the  tine  aforesaid,  such 
an  affidavit  as  is  required  by  law  in  appealing  from  the  judgment 
of  a  justice  of  the  peace.  If  an  appeal  is  so  taken,  the  clerk  of 
said  city  shall,  within  fifteen  days  from  the  taking  of  such  ap- 
peal, file  a  complete  transcript  of  the  proceedings,  and  all  papers 
filed  and  used  in  the  trial,  certified  by  him,  with  the  clerk  of  the 
circuit  court;  and  the  circuit  court  shall  thereupon  become 
possessed  of  the  cause,  and  said  cause,  unless  dismissed,  shall 
be  tried  de  novo  in  said  court,  and  the  parties  thereto  shall  have 
a  speedy  trial  thereof,  and  to  that  end  said  cause  shall  have 
precedence  over  all  other  causes  ;  and  if  necessary  to  a  full  de- 
termination of  any  question  arising  in  said  cause,  the  circuit 
court  shall   have   power  to    make  and  bring  in  other  parties  to 


I 


REVISED  ORDINANCES.  I  39 

such  proceedings,  on  service  of  notice  upon  them  for  six  days, 
or  by  publishing  a  notice  to  them  for  the  same  length  of  time 
in  any  daily  newspaper  published  in  the  city,  and  the  parties  so 
made  by  either  kind  of  notice,  and  all  persons  claiming  under 
them,  shall  be  bound  by  such  proceedings;  and  if  such  appeal 
is  taken  within  fifteen  days  preceding  any  term  of  circuit  court 
in  said  city,  it  shall  stand  for  trial  at  such  term  ;  and  if  appealed 
during  the  sitting  of  such  court,  the  case  shall  be  immediately 
docketed  upon  the  filing  of  the  transcript,  and  stand  for  trial, 
and  shall  at  the  same  term,  and  shall  always  stand  for  trial,  and 
shall  not  in  any  case  be  continued  to  any  succeeding  term,  but, 
for  good  cause,  may  be  postponed  from  week  to  week,  in  the 
discretion  of  the  circuit  judge;  and  the  said  circuit  court  shall 
always  be  open  for  the  trial  of  appeals  in  such  cases,  and  the 
judge  of  such  circuit  court  shall  have  power,  and  it  shall  be  his 
duty,  to  hold  a  sitting  of  the  court  for  the  speedy  trial  thereof, 
at  the  court  house  in  said  city,  at  any  time  in  vacation,  and 
summon  a  jury  before  him,  unless  a  jury  is  waived,  for  the  trial 
of  such  appeals,  only  such  trials  to  be  had  in  all  respects  and 
subject  to  the  same  rules  and  same  law,  as  other  trials  had  in 
the  circuit  court,  and  the  same  record  thereof  made  and  kept. 
The  verdict  of  the  jury,  or  the  finding  of  the  circuit  judge  sitting 
as  a  jury,  as  the  case  may  be,  shall  conform  in  all  respects  to 
the  requirements  of  the  goverment  of  the  jury  making  the  first 
assessment,  and  the  verdict  shall  have  the  same  force  and  effect 
as  is  provided  in  regard  to  said  first  verdict,  and  shall  be  bind- 
ing on  the  parties,  and  the  assessment  against  private  property 
shall  be  paid  in  the  same  time,  and  until  paid,  bear  the  same 
rate  of  interest  as  is  above  provided  ;  and  the  amount  assessed 
by  the  jury  against  property  shall  be  a  lien  on  the  several  parcels 
of  property  charged  from  the  day  the  ordinance  for  the  im- 
provement takes  effect  until  paid ;  and  if  such  assessments  are 
not  paid  within  ten  days  from  the  filing  of  the  verdict  of  the 
jury,  a  special  execution  shall  issue  against  the  several  lots  or 
parcels  of  land  against  which  assessments  for  benefits  are  so  made, 
which  execution  shall  specify  and  show  a  description  of  the  lot, 


I40  REVISED  ORDINANCES. 

the  owner  thereof,  and  the  amount  assessed  against  the  same, 
as  shown  by  the  verdict  of  the  jury,  and  state  that  the  assess- 
ment has  been  made  to  pay  compensation  for  private  property 
taken  for  the  purpose  specified  in  the  ordinance  providing  for 
the  improvement,  and  be  directed  to  the  sheriff  of  Pettis 
county,  and  commanding  him,  in  case  said  assessment,  interests 
and  costs  be  not  paid  to  him,  to  sell  the  property  therein  de- 
scribed, or  so  much  thereof  as  may  be  necessary  to  pay  such  as- 
sessment, interest  and  costs.  The  proceedings  under  such 
execution,  making  a  deed  to  the  purchaser,  shall  conform  to 
ordinary  proceedings  on  special  executions  issuing  out  of  said 
court  in  ordinary  cases ;  and  the  said  proceedings,  sale  and  deed 
shall  have  the  same  effect  and  force  as  is  stated  in  section  64. 
Said  execution  shall  issue  in  favor  of  the  City  of  Sedalia,  and 
when  paid,  the  money  shall  be  held  by  said  city  as  a  special 
fund  for  the  payment  of  damages  assessed  for  property  taken 
under  said  proceedings.  On  appeal  under  this  section,  the  jury 
shall  consist  of  six  men,  freeholders  of  the  city  and  any  finding 
or  verdict  in  that  court  shall,  unless  set  aside  for  good  cause, 
be  confirmed,  and  judgment  entered  thereon,  that  the  city  have 
and  hold  the  property  sought  to  be  taken  for  the  purposes  speci- 
fied in  the  ordinance  providing  for  the  improvement,  and  pay 
therefor  the  amount  assessed  against  the  city,  and  full  compen- 
sation assessed  therefor,  and  that  the  several  lots  and  parcels  of 
private  property  assessed  to  pay  compensation  by  the  verdict 
or  finding  stand  charged  and  be  bound,  respectively,  for  the 
payment  of  assessments,  with  interest  as  provided  in  this  chap- 
ter; and  such  judgment  shall  be  enforced  by  special  execution 
to  collect  assessments  as  aforesaid,  without  special  tax-bills; 
and  the  court  or  judge  may,  by  execution  or  otherwise,  put  the 
city  in  possession  of  the  proporty  taken,  or  any  part  thereof, 
the  full  compensation  therefor  being  paid  or  tendered.  Appeals 
shall  be  taken  to  the  circuit  court  of  Pettis  county  and  the  court 
shall  tax  and  charge  costs  in  appeals  according  to  equity. 

Sec.   66.     As  soon  as  practicable  after  the  confirmation  of 
any  verdict  by  the  council,  the  city  clerk  shall  file  a  full  record 


I 


REVISED  ORDINANCES.  I4I 

in  a  book  provided  for  that  purpose,  of  such  proceedings,  which 
record  shall  contain  correct  copies  of  all  ordinances  constituting 
part  of  the  proceedings,  the  notices  to  the  parties  to  the  pro- 
ceedings, and  returns  thereon;  all  notices  published  and  the 
proofs  thereof,  all  orders  by  the  mayor,  the  names  of  the  jurors 
and  when  empaneled,  and  the  verdict  of  the  jury,  and  such 
other  documents  and  mattsrs  as  the  ordinances  of  the  city  may 
require.  The  mayor  shall  examine  such  final  record  of  such 
proceedings,  and,  if  it  be  correct,  sign  the  same;  and  thereafter 
such  record,  or  copy  therof,  certified  by  the  city  clerk,  under 
his  hand  and  seal  of  the  city,  shall  be  competent  evidence  in  all 
courts  of  this  state  of  facts  stated  therein.  The  original  papers 
shall  be  carefully  preserved  by  the  city  clerk.  The  city  shall 
pay  all  costs  of  the  proceedings  to  take  private  property  except 
costs  of  the  proceedings  to  collect  assessments,  which  shall  be 
taxed  and  paid  as  costs  in  ordinary  cases.  If  the  city  fail  to 
collect  any  assessments,  in  whole  or  in  part,  it  may  pay  the 
amount  so  not  collected,  out  of  the  city  treasury.  The  com- 
pensation of  officers  for  services  rendered  in  pursuance  of  the 
foregoing  sections  shall  be  fixed  by  ordinance. 


142 


REVISED  ORDINANCES. 


CHAPTER  8. 
DOGS. 


Section 

67.  Three  months  old,  to  be   regis- 

tered and  tax  paid. 

68.  What  tax  to  be  paid  and  when, 

dog  to  wear  collar  and  be  reg- 
istered, how. 

69.  Collar  to  be  worn   by  registered 

dog. 

70.  To  run  at  large  between  the  ist 

day  of  June  and  the  ist  day  of 
September  without  being  muz- 
zled unlawful. 

71.  To  be  taken  up  and  impounded 

when,  may  kill  when. 

72.  Dog  impounded  how  reclaimed, 

how  long  to  remain  in  pound. 

73.  Upon    proof    that    the    proper 


Section 

collar  had  been  procured  and 
the  dog  registered  the  owner 
may  reclaim  dog,  how. 

74.  Bitch  running  at   large  and  in 

heat  to  be  killed  or  impounded 
when,  fee  to  redeem  from 
pound. 

75.  Meaning  of  words   '"year"  and 

"dog"  as  used  in  this  chapter. 

76.  What  dogs  liable  to  be  taxed. 

77.  Misdemeanor  to  keep  unregis- 

tered dog,  or  not  to  keep  muz- 
zled when  required. 

78.  Provisions  of  this   chapter  not 

to  apply  to  certain  dogs,  fee 
of  marshal  for  killing. 


Section  6'] .  No  dogs  above  the  age  of  three  months 
shall  be  permitted  to  remain  in  the  City  of  Sedalia,  unless  such 
dog  shall  be  registered  ;  and  the  tax  imposed  on  the  same  by 
ordinance  shall  be  paid  by  the  owner  thereof. 

Sec.  68.  The  tax  on  each  male  dog  in  the  City  of  Seda- 
lia shall  be  one  dollar  for  each  year,  and  for  every  bitch  or  fe- 
male dog  shall  be  three  dollars  per  year,  payable  for  the  use  of 
the  city,  to  the  city  marshal,  who  shall  procure  metallic  plates, 
having  cast  or  raised  thereon  the  letters  C.  T.  P.,  and  figures 
indicating  the  year  for  which  the  tax  has  been  paid,  and  a  num- 
ber corresponding  to  the  number  of  the  registry  on  the  book  in 
which  dogs  shall  be  registered  ;  and  the  city  marshal  shall  regis- 
ter in  a  book  to  be  kept  by  him  for  that  purpose,  the  name  of 
the  owner  of  each  dog  registered,  and  a  description  of  the  dog 
so  registered. 

Sec.  69.  It  shall  be  the  duty  of  every  owner  of  a  regis- 
tered dog  to  keep,  at  all  times,  around  the  neck  of   such  dog  a 


REVISED  ORDINANCES.  I43 

collar  not  less  than  three-fourths  of  an  inch  wide,  to  which  shall 
be  attached,  by  a  metallic  fastening,  the  circular  metallic  plate 
mentioned  in  the  next  preceding  section  of  this  chapter. 

Sec.  70.  It  shall  be  unlawful  for  any  person  or  persons 
living  within  the  corporate  limits  of  the  City  of  Sedalia  to  per- 
mit any  dog  or  dogs  owned  by  them,  or  under  their  control,  to 
run  at  large  in  the  City  of  Sedalia  between  the  first  day  of  June 
and  the  first  day  of  September  of  each  year  unless  each  dog 
shall  be  muzzled  with  a  wire  muzzle  or  other  metallic  muzzle. 

Sec.  71.  It  shall  be  the  duty  of  the  city  marshal  and 
every  policeman  to  take  up  and  impound,  in  a  suitable  place,  to 
be  designated  by  the  city  marshal,  the  location  of  which, 
notice  shall  be  given  by  a  bill  posted  up  in  the  rooms  of  the  city 
police  judge,  all  dogs  above  the  age  of  three  months  found  in 
the  limits  of  the  city  without  collars  around  their  necks,  marked 
as  provided  by  the  provisions  of  this  chapter;  and  all  dogs 
lound  running  at  large  in  the  limits  of  the  city  between  the  first 
day  of  June  and  the  first  day  of  September  of  each  year,  and 
not  muzzled  as  provided  by  section  70  of  this  chapter ;  Pro- 
vided, that  it  shall  be  the  duty  of  the  city  marshal  and  police- 
men to  kill  any  dog  that  can  not  be  conveniently  and  safely 
taken  up  and  impounded. 

Sec.  72.  For  every  dog  taken  up  and  confined  in  the 
dog  pound  as  provided  in  the  preceding  section,  a  redemption 
fee  of  one  dollar,  together  with  the  annual  tax  of  one  dollar, 
shall  be  paid,  for  the  use  of  the  city,  to  the  city  marshal, 
whereupon  the  owner  thereof  shall  have  the  right  to  reclaim 
such  dog.  Any  dog  which  shall  remain  two  days  in  the  dog 
pound  shall  be  killed  by  the  city  marshal,  or  by  some  person 
by  him  duly  authorized. 

Sec.  73.  If  it  shall  appear  to  the  satisfaction  of  the  city 
marshal]  that  any  person  claiming  to  redeem  a  dog  confined  in 
the  dog  pound  has  registered  such  dog,  and  has  put  around  the 
neck  of  such  dog  a  collar  marked  and  stamped  and  that  he  has 
properly  muzzled  such  dog  according  to  the  provisions  of  this 
chapter,  but  that  such  collar  or  muzzle   or  both  have  been  acci- 


144  REVISED  ORDINANCES. 

dentally  lost,  it  shall  be  the  duty  of  the  city  marshal  to  release 
such  dog,  and  furnish  the  owner  thereof  another  one  of  the 
metallic  plates  and  collars  mentioned  in  section  69,  the  owner 
paying  the  cost  of  such  plate  and   collar. 

Sec.  74.  It  shall  be  the  duty  of  the  city  marshal  and  any 
policeman  to  kill  every  unregistered  bitch  that  may  be  found 
running  at  large  in  the  City  of  Sedalia  while  in  heat,  and  to 
forthwith  impound  any  bitch  in  heat  which  may  have  been  reg- 
istered, and  keep  her  impounded  three  days,  if  she  be  not 
sooner  redee^ned  ;  and  if  at  the  end  of  three  days  such  bitch 
be  not  redeemed,  she  shall  be  killed  in  the  manner  provided  in 
this  chapter.  The  redemption  fee  for  each  bitch  shall  be  five 
dollars,  which  shall  be  paid,  for  the  use  of  the  city,  to  the  city 
marshal. 

Sec.  75.  The  year  for  the  purposes  of  this  chapter  shall 
begin  on  the  second  Monday  of  May  in  each  year,  and  the  word 
dog,  whenever  used  in  this  chapter,  shall  be  construed  to 
mean  a  dog  either  male  or  female;  and  it  shall  be  lawful  for  the 
city  marshal  or  any  policeman  after  the  lOth  day  of  June  in 
any  year,  to  kill  any  unregistered  dog  found  running  at  large 
in  the  city  limits. 

Sec.  ^6.  Dogs  arriving  at  the  age  of  three  months,  and 
dogs  brought  into  the  city  after  the  second  Monday  in  May  in 
any  year,  shall  be  liable  to  tax ;  but  the  tax  on  any  such  dog 
shall  be  in  the  same  ratio  to  the  annual  dog  tax  as  the  part  of 
the  year  for  which  such  tax  shall  be  paid  shall  bear  to  the  whole 
year. 

Sec.  JJ .  Every  householder  or  head  of  a  family,  suffer- 
ing or  permitting  an  unregistered  dog  to  remain  on  his  premises  ; 
and  every  owner  of  an  unregistered  dog,  and  every  person  own- 
ing or  controlling  any  dog  found  running  at  large  within  the 
city  limits,  between  the  first  day  of  June  and  the  first  day  of 
September  of  each  year  and  not  muzzled  as  in  this  chapter  pro- 
vided, shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof,  be  punished  by  a  fine  not  less  than  one  nor 
more     than     ten     dollars,     and   be   moreover,    ordered   to   im- 


REVISED  ORDINANCES. 


145 


mediately   cause  such   dog   to   be    duly   registered,  and  the  tax 
imposed  by  this  chapter  paid  therefor. 

Sec.  78.  Nothing  in  this  chapter  shall  be  held  to  apply 
to  the  dogs  of  movers,  teamsters,  or  other  persons  who  may  be 
temporarily  in  the  city.  The  city  shall  pay  to  the  city  marshal 
the  sum  of  fifty  cents  for  the  killing  of  every  dog  and  removal 
beyond  the  city  limits  the  carcass  thereof. 


CHAPTER  9. 


DRAMSHOP     LICENSE. 


Section. 

79.  Keeper    of,    to    have     licen.se; 

amount   of  license   tax   to  be 
paid,  and  when. 

80.  Dramshop  keeper,  who  is. 

81.  Marshal   to  make  list   of,    and 

file  with  city  clerk,  when. 

82.  City    clerk    to     issue     license, 

when. 

83.  City  collector  to  collect   license 

and    make    report,    how   and 
when. 


Section. 

84.  License   for,    not  to  exceed  six 

months.  not  transferable, 
good  for  but  one  place  of 
business,  fair  grounds  during 
fair  an  exception. 

85.  Misdemeanor    to    do     business 

without  license,  punishment 
for. 

86.  Misdemeanor  for  police  officers 

to  fail  to  enforce,  or  report 
violations,  punishment  for. 


Sec.  79.  Every  person  desirous  of  keeping  a  dramshop, 
or  a  beer  or  wine  house,  or  garden,  shall  first  obtain  a  license 
therefor,  for  which  he  shall  pay  a  license  tax  of  two  hundred 
dollars  for  a  period  of  six  months,  beginning  on  the  fourth  day 
January  and  July  of  each  year.  Should  an  application  for  a 
license  be  received  during  the  peroid  of  the  current  six  months, 
license  may  be  issued  for  the  unexpired  portion  of  the  term, 
and  the  amount  to  be  charged  therefor  shall  be  to  the  amount 
for  a  whole  term  as  the  unexpired  portion  of  the  term  is  to  the 
whole  term. 

Sec.  80.  A  dramshop  keeper  is  a  person  permitted  by 
law,  being  licensed  according  to  the  provisions  of  this  chapter, 
to  sell  intoxicating  liquors  in  any  quantity  less  than  ten  gallons. 

Sec.  81.  It  shall  be  the  duty  of  the  city  marshal  to  find 
out  the  nan>e  or  names   of   every   person   or   persons,   and   their 


146  REVISED  ORDINANCES. 

place  of  doing  business  as  dramshop  keepers  in  this  city,  and 
make  a  list  of  the  same,  and  hand  such  Hst,  duly  certified,  to 
the  city  clerk,  one  week  previous  to  the  commencement  of  a 
current  six  months ;  and  as  often  thereafter  as  new  places  may 
be  opened,  to  report  the  same  to  the  city  clerk;  and  at  the  ex- 
piration of  thirty  days  from  the  beginning  of  a  current  six 
months,  he  shall,  by  personal  application  and  inspection,  ascer- 
tain if  all  dram-shop  keepers  have  procured  a  city  license,  and 
in  case  any  one  is  found  doing  business  without  a  license,  he 
shall  report  the  same  to  the  mayor  and  city  council. 

Sec.  82.  It  shall  be  the  duty  of  the  city  clerk,  upon  the 
receipt  of  such  list  from  the  city  marshal,  or  upon  the  applica- 
tion of  the  party,  to  issue  ihe  license  or  licenses,  and  deliver  the 
same  to  the  city  collector  on  or  before  the  commencement  of 
the  term  for  which  the  same  shall  run. 

Sec.  83.  The  city  collector  shall  proceed  at  once  to  col- 
lect the  licenses  vvithout  delay,  and,  within  thirty  days  from  the 
time  the  licenses  are  placed  in  his  hands,  and  at  the  expiration 
of  thirty  days  he  shall  make  a  detailed  report  of  the  collections, 
and  hand  the  same  to  the  city  clerk,  together  with  a  receipt 
from  the  treasurer  for  the  deposit  of  the  proceeds  thereof;  and 
any  failure  or  refusal  to  pay  the  license  by  any  person  he  shall 
promptly  report  to  the  mayor  and  city  council. 

Sec.  84,  No  license  granted  by  any  of  the  provisions  of 
this  chapter  shall  continue  in  force  for  any  longer  time  than  six 
months,  nor  shall  any  such  license  be  transferable,  nor  shall  any 
license  authorize  the  holder  thereof  to  carry  on  the  business 
therein  mentioned  in  said  license  at  more  than  one  place  at  the 
same  time;  Provided,  however,  that  any  dram-shop  keeper, 
who  has  fully  complied  with  the  provisions  of  this  chapter, 
may  be  permitted  to  carry  on  the  business  of  a  dram-shop  keeper 
at  the  fair  grounds,  within  the  city  limits,  during  the  time  the 
fair  is  being  held. 

Sec.  85.  Any  person  attempting  to  do  business  in  viola- 
tion of  the  provisions  of  this  chapter,  shall  be  deemed  guilty  of 
a  misdemeanor,  and  upcn  conviction  thereof,  be  punished  by  a 


REVISED  ORDINANCES.  1 47 

fine  of  not  less  than  ten  nor  more  than  fifty  dollars,  or  by  im- 
prisonment in  the  city  jail  for  a  period  of  not  less  than  three 
days,  nor  more  than  ten  days,  or  by  both  such  fine  and  im- 
prisonment. 

Sec.  86.  It  is  hereby  made  the  special  duty  of  the  city 
marshal,  and  and  all  rriembers  of  the  police  force,  to  see  that 
the  provisions  of  this  chapter  are  duly  enforced,  and  to  report 
all  yiolations  of  the  same  to  the  mayor  and  city  council;  and  for 
every  neglect  of  such  duty  by  any  officer,  such  ofificer  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof, 
be  punished  by  a  fine  of  not  less  than  one  nor  more  than  twenty- 
five  dollars. 


CHAPTER  10. 

ENGINEERING  DEPARTMENT. 

Section  i  Section 

87.  City  engineer,  how   appointed,    j     91.   Must  give  grades  and   lines  of 


qualifications  and   compensa- 
tion. 

88.  Oath  and  bond  of. 

89.  Duties  of. 

90.  To  preserve  all  maps,  plans,  etc. 

keep   accurate    accounts    and 
perform  other  duties. 


streets  to  all  applicants  free  of 
charge. 
92.   Must    make     general      reports 
from  his  deparment  when  re- 
quired. 


Sec.  87.  There  is  hereby  constituted  and  established  the 
engineering  department  of  the  city  government,  and  the  offtce  of 
city  engineer.  The  city  engineer  shall  be  appointed  at  the  same 
time  and  in  the  same  manner  as  other  appointive  ofificers,  and  shall 
be  a  person  well  skilled  in  the  sciences  of  civil  engineering,  and 
the  practical  application  thereof  who  shall  hold  his  office  for  the 
term  of  one  year,  or  until  his  successor  is  appointed  and  quali- 
fied;  and  he  shall  receive,  as  compensation  for  his  services,  the 
sum  of  fifteen  hundred  dollars  per  year  payable  monthly  at  the 
rate  of  one  hundred  and  twenty-five  dollars  per  month. 

Sec.  88.  The  city  engineer  shall,  before  entering  upon 
the  duties  of  his  of^ce,  take  the  oath  of  office  required  of  other 


148  REVISED  ORDINANCES. 

city  officers,  with  this  addition  and  to  this  effect:  That  he  is 
not  and  will  not,  during  his  continuance  in  office,  be  directly  or 
indirectly  concerned  or  interested  in  any  contract  made  with 
this  city  for  any  public  work;  and  he  shall  enter  into  a  bond  to 
the  city,  in  the  sum  of  five  hundred  dollars,  with  two  good  and 
sufficient  sureties,  to  be  approved  by  the  mayor,  conditioned  for 
the  faithful  discharge  of  the  duties  of  his  office. 

Sec.  89.  The  city  <  ngineer  shall  perform  all  duties  en- 
joined on  him  by  the  city  council  from  time  to  time;  he  shall 
also  make  aH  plans  and  estimates  for  all  work  to  be  contracted 
for  by  the  city,  and  shall  have  general  supervision  of  the  same; 
he  shall  certify  the  claims  of  all  contractors  for  payment,  and 
shall  suspend  the  execution  of  any  contract,  when  the  contrac- 
tor fails  to  comply  with  the  terms  of  his  contract,  or  with  his 
directions  in  relation  thereto  and  consistent  therewith. 

Sec.  90.  It  shall  be  the  further  duty  of  the  city  engineer 
to  preserve  in  his  office  all  maps,  plans  and  surveys  of  the  city, 
or  any  part  thereof,  with  all  records,  books,  papers,  and  all 
other  things  relating  thereto;  keep  full  and  accurate  accounts  of 
all  receipts  and  disbursements  made  under  his  supervision ; 
cause  to  be  canied  into  effect  all  ordinances  concerning  streets 
and  alleys,  and  other  public  places,  and  superintend  the  open- 
ing, improvement  and  repairing  thereof. 

Sec.  91  It  shall  be  the  duty  of  the  city  engineer  to  give 
the  grade,  where  the  same  has  been  established,  and  the  line  of 
streets  and  alleys,  to  all  persons  applying  therefor,  free  of 
charge. 

Sec.  92.  The  city  engineer  shall  make  a  general  report  of 
all  operations  in  his  department,  from  time  to  time,  to  the  city 
council,  as  they  may  require. 


REVISED    ORDINANCES. 


149 


CHAPTER   II. 

FIRES  AND  FIRE  COMPANIES. 

ARTICLE  I. — Fire  limits  and  fire  companies. 
ARTICLE  II. — Protection  against  fires. 

ARTICLE    I. 

FIRE  LIMITS  AND  FIRE  COMPANIES. 


Section 

93.  Fire   limits,    what    constitutes; 

buildings  of  certain  materials 
to  be  erected  within. 

94.  Erection  or   removal   of  build- 

ings within  fire  limits  of  differ- 
ent materials;  plans,  etc.,  as 
required;  to  be  abated  and  re- 
moved, how;  penalty  for. 

95.  Hay,   strsw,  shavings,  etc.,  not 

to  be  left  in  thickly  settled 
places,  etc.;  duty  of  marshal 
in  such  cases. 

96.  Stove-pipes,  flues,  etc.,  must  be 

put  up  and  placed  in  what 
manner. 

97.  Inspection  by  marshal  of  modes 

of  heating  houses. 

98.  Chimneys     and     flues     to     be 

cleaned  in  May  and  Novem- 
ber. 

99.  Ashes   not   to   be  deposited  in 

wooden  vessels,  fire-crackers, 
fire-rockets,  etc.,  not  to  be 
sold  or  used  within  city  limits. 

100.  Misdemeanor  to  violate  preced- 
ing sections,   punishment  for. 

10 r.  Fire  department,  to  consist  of 
what. 

102.  Chief  engineer  of,  term  of  office, 

powers,  bond,  etc. 

103.  Foreman,  must  be  one  for  each 

hose,  hook  and  ladder  com- 
pany, powers  of. 

104.  Foreman  to  be   appointed   and 

removed,  how  and  by   whom. 

105.  Members    of    fire     companies, 

qualifications  of. 

106.  Chief  engineer,  duties  of 


Section 

107.  Absence   of    chief  engineer   at 
fire,  who  to  act. 

105.  Chief  engineer  to  see  that  reg- 

ulations are  enforced,  etc. 

106.  Fire     alarm     bells,     how    and 

where  established;  duty  of  po- 
lice in  reference  thereto,  and 
punishment  for  failure  to  per- 
form. 

1 10.  Chief  to   keep  record  of  mem- 

bers, property,  etc.,  of  fire  de- 
partment. 

111.  Duty   of  the   foreman    of  each 

company,  chief  may  appoint 
in  case  of  absence. 

112.  Duty  of  members   of  fire   de- 
partment. 

113.  Members   not   allowed  to  form 

any  but  benevolent  associa- 
tions, not  to  electioneer  with 
tickets,  keep  or  drink  intoxi- 
cants, etc. 

114.  Parties  other  than  members  not 

to  loiter  about  engine  houses; 
religious  belief  no  grounds  for 
dismissal  of  member. 

115.  Duties  of  foremen   at  fires,  and 

conduct  in  going  to  and  from 
fires. 
516.  Misdemeanor  for  any  one  to 
drive,  run  over,  etc.,  any  hose 
in  use  at  fire,  etc.,  punishment 
for. 

117.  Failure  of  officer  or  member  of 

fire  company  to  pay  debt,  ef- 
fect of. 

118.  Compensation   of   officers   and 

members  of. 


ISO  REVISED  ORDINANCES. 

Section  93.  The  following  are  established  as  fire  limits 
in  the  City  of  Sedalia  within  which  it  shall  be  unlawful  to  erect 
or  remove  any  building  the  outer  walls  of  which,  are  in  whole,  or 
part  constructed  of  any  material  other  than  brick,  stone,  or  other 
incombustible  materials,  or  the  roof  of  which  shall  be  otherwise 
than  fire-proof,  viz:  Beginning  at  the  intersection  of  Moniteau 
and  Pacific  streets,  thence  east  along  Pacific  street  to  Lamine 
avenue;  thence  south  to  Missouri  Pacific  railway  tracks;  thence 
east  to  Washington  avenue;  thence  south  to  alley  in  block  eight 
— about  midway  between  Third  and  Founh  streets  ;  thence  west 
along  said  alley  to  Massachusetts  avenue;  thence  south  to  F'ifth 
street;  thence  west  to  Limine  avenue ;  thence  south  to  Broad- 
way or  Eighth  street ;  thence  west  to  Kentucky  avenue  ;  thence 
north  to  alley  in  block  forty-three  between  Third  and  Second 
streets,;  thence  west  to  Moniteau  avenue;  thence  north  to  the 
place  of  beginning:  Provided,  barns,  sheds,  stables  and  other 
buildings,  except  smoke-houses  and  buildings  used  for  resi- 
dences, may  be  constructed  and  erected  within  the  fire  limits 
herein  established,  upon  conditions  that  the  person  so  desiring 
to  erect  such  buildings  shall  first  obtain  the  written  consent  to 
do  so  from  every  person  owning  or  leasing  property  in  the 
block  in  which  such  building  is  designed  to  be  erected  and  shall 
also  first  obtain  the  consent  of  the  city  council  to  erect  such 
building;  Provided,  however,  that  no  such  buildings  shall  be 
erected  except  in  cases  to  rebuild  or  replace  an  old  building  by 
a  better  or  new  building. 

Sec.  94.  The  city  council  upon  being  informed  that  any 
person  has  commenced  or  put  up,  or  removed  into  the  fire 
limits,  as  established  by  this  article,  any  building  in  violation  of 
the  provisions  herein,  shall  cause  such  buildings  to  be  removed 
and  abated,  and  it  shall  be  the  duty  of  the  city  marshal,  when 
ordered  by  the  council,  so  to  do,  to  raze,  remove  and  abate 
such  buildings  so  commenced,  put  up,  or  removed  within  the 
fire  limits,  and  collect  from  the  person  owning  or  erecting  the 
same,  the  expenses  thereof,  and  shall  in  addition  to  the  liability 
of  paying  the  expenses  of  such  removing  and  razing  of  such 
building,  be  deemed  guilty  of  a  misdemeanor,  and  upon  convic- 


REVISED  ORDINANCES.  151 

tion  thereof,  be  punished  by  a  fine  of  not  less  than  one  nor 
more  than  one  hundred  dollars,  or  be  imprisoned  in  the  city 
jail  not  more  than  three  months,  or  by  both  such  fine  and  im- 
prisonment. And  every  day  that  such  building  shall  remain  so, 
in  violation  of  the  provisions  of  this  article,  shall  constitute  a 
distinct  and  separate  offense. 

Sec.  95.  No  person  shall  leave,  in  a  thickly  settled  part 
of  the  city,  or  in  close  proximity  to  fire,  any  hay,  straw,  or 
shavings  or  other  like  matter  whatever,  of  a  tendency  to  receive 
and  communicate  fire;  and  if  at  any  time  any  such  materials  are 
found  in  such  location,  or  in  such  quantity  as  to  increase  the 
danger  of  fire,  in  the  opinion  of  the  city  marshal,  he  shall  notify 
the  person  on  whose  premises  the  same  are  found  to  immedi- 
ately remove  them,  if  such  person  can  be  found,  and  if  not,  or 
if  the  person  on  whose  premises  the  same  are  found  fails  or  re- 
fuses to  remove  such  materials,  or  any  of  them,  found  thereon, 
the  city  marshal  shall  immediately  remove  them,  or  see  that  it 
is  done. 

Sec.  96.  No  person  owning  or  occupying  a  house  in  the 
city  of  Sedalia,  shall  permit  a  stove-pipe  to  run  through  any 
window,  wall,  partition  or  roof,  unless  the  same  enter  stone, 
brick  or  double  pipe  flues,  or  ventilating  flues,  nor  nearer  than 
four  inches  to  any  wood;  all  stove-pipes  shall,  where  they  pass 
through  shed  roofs,  or  roofs  of  houses  where  the  roof  is  so  con- 
structed as  to  not  permit  of  such  flues  or  chimneys  as  are  herein 
required,  be  at  least  five  inches  from  the  wood,  and  secured 
firmly  by  a  strong  piece  of  sheet  iron ;  and  any  person  using 
stoves  within  the  city  shall  not  permit  them  to  approximate 
nearer  than  ten  inches  from  any  wood,  either  in  the  floor  or  wall 
of  the  house  in  which  they  are  used,  and  shall  in  all  cases  have 
brick,  stone,  zinc  or  sheet  iron  between  the  stove  and  wooden 
floor  or  wall  on  or  by  which  such  stove  may  be  situated. 

Sec.  97.  It  shall  be  the  duty  of  the  city  marshal,  assisted 
by  one  or  more  policemen,  if  occasion  requires,  to  proceed 
throughout  the  city  of  Sedalia,  in  the  months  of  May  and 
November  in  each  year  to  inspect  every  house,  keeping  a  record 


152  REVISED  ORDINANCES. 

of  the  manner  of  warming  said  houses,  also  a  list  of  all  such 
houses  in  which  the  provisions  of  this  article  have  not  been  com- 
plied with,  and  make  a  complete  report  to  the  city  clerk  by  the 
thirtieth  of  said  months  in  each  year.  At  the  time  of  such  in. 
spection  the  city  marshal  shall  collect  the  sum  of  fifty  cents, 
from  every  person  owning  or  occupying  a  house  in  which 
the  provisions  of  this  article  have  not  been  complied  with, 
which  he  shall  pay  into  the  city  treasury. 

Sec.  98.  All  chimneys  and  flues  used  in  the  city  of 
Sedalia  shall, be  cleaned  of  soot  and  ashes  during  the  months  of 
May  and  November  in  each  and  eve.y  year,  and  it  shall  be  the 
duty  of  the  city  marshal  to  inspect  the  same  at  the  time  he  in- 
spects stoves  and  stove-pipes. 

Sec.  99.  No  person  owning  or  occupying  a  house  in  the 
city,  shall  permit  any  ashes  to  be  deposited  upon  or  in  any 
wooden  vessels  nearer  than  ten  feet  from  any  house  or  fence; 
and  no  person  shall  sell,  or  offer  for  sale,  for  use  within  the 
limits  of  the  city,  any  fire-crackers,  sky-rockets,  roman-candles, 
or  other  combustible  material  commonly  used  on  gala  days, 
and  no  person  shall  use  any  of  said  materials  within  the  city 
limits  by  firing  off  or  discharging  the  same. 

Sec.  100.  Any  person  who  shall  violate  any  of  the  pro- 
visions of  this  article,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  be  punished  by  a  fine  net  less  than 
one  dollar  nor  more  than  one  hundred  dollars. 

Sec  ioi.  The  fire  department  of  the  city  of  Sedalia, 
shall  consist  of  one  chief  engineer,  one  foreman  for  each  regu- 
larly organized  steam  engine,  hose  or  hook  and  ladder  company, 
and  for  each  steam  fire  engine  company,  not  exceeding  five 
men  and  for  each  hose  and  hook  and  ladder  company,  not  ex- 
ceeding five  men. 

Sec.  102.  The  chief  engineer  of  the  fire  department, 
shall  hold  his  office  until  removed  for  cause  for  which  he  may 
be  removed  as  other  appointed  ofificers  of  the  city.  He  shall 
have  ex-ofificio  powers,  of  the  chief  of  the  police  of  the  city,  at 
all  fires,    and  shall  give  bond  to  the  city  of  Sedalia    in  the  sum 


J 


REVISED  ORDINANCES.  I  53 

of  two  thousand  dollars.  In  case  of  a  vacancy  in  said  office,  it 
shall  be  filled  by  appointment,  as  provided  for,  by  the  charter 
of  the  city  of  Sedalia. 

Sec.  103.  There  shall  be  a  foreman  for  each  regularly 
organized  steam  engine,  hose  or  hook  and  ladder  cumpany, 
who  shall  have  command  of  the  men,  and  apparatus  belonging  to 
the  company,  and  take  charge  of  the  apparatus  at  fires,  and 
caus^  to  be  executed  all  orders  of  the  chief  engineer,  or  the 
officer  who  may  exercise  the  duties  of  the  chief  engineer,  and 
the  chief  engineer  shall  act  as  foreman  of  company  No.  2. 

Sec.  104.  The  foreman  and  other  members  of  the  fire 
department  shall  be  appointed  by  the  chief  engineer,  by  and 
with  the  advice  and  consent  of  the  mayor,  and  tire  department 
committee.  They  or  any  of  them  may  be  removed  by  the  chief 
engineer  for  neglect  of  duty,  or  for  any  good  and  sufficient 
cause. 

Sec.  105.  No  person  under  twenty-one  years  of  age  shall 
be  employed  as  a  member  of  the  fire  department  of  the  City  of 
Sedalia,  nor  shall  any  person  be  employed  who  is  not  a  citizen 
of  the  United  States,  and  a  legal  voter  in  said  city. 

Sec.  106.  The  chief  engineer  shall  be  responsible  for  the 
discipline,  good  order,  and  proper  conduct  of  the  whole  fire  de- 
partment, and  for  the  care  of  the  houses,  engines,  hose  car- 
riages, and  all  the  property  belonging  to  the  fire  department. 
He  shall  have  supcrintendency,  control  and  command  of  all  the 
officers  and  men  belonging  to  the  fire  department,  and  all  the 
engine  and  other  houses  for  the  purposes  of  the  fire  department, 
and  all  the  engines  and  all  other  apparatus  belonging  to  the  city, 
and  all  persons  present  at  fires.  He  shall  wear  a  proper  badge 
of  his  office,  and  when  a  fire  breaks  out  in  the  city,  he  shall 
take  proper  measures  for  the  arrangement  of  the  engines  and 
other  fire  apparatus  in  the  most  advantageous  position,  and  work 
for  the  effective  extinguishment  of  the  fire,  and  shall  have  power 
to  call  for  assistance,  if  need  be,  from  any  or  all  persons  present 
at  fires,  as  well  as  members  of  the  fire  department,  to  assist 
in  extinguishing  the  fire  or  removing  goods  and  other  merchan- 


154  REVISED  ORDINANCES. 

disc  from  any  building  on  fire,  or  in  danger  thereof,  and  to  ap- 
point guards  to  insure  the  safety  of  the  same,  and  also  in  pulling 
down,  and  demolishing  any  house  or  building,  if  necessity  re- 
quires, and  further,  to  suppress  all  disorders.  It  shall  also  be 
his  duty  to  cause  order  to  be  preserved  on  going  to,  working 
at  or  returning  from  fires,  and  at  all  other  times,  when  the  men 
of  the  department  are  on  duty. 

Sec.  107.  In  case  of  the  absence  of  the  chief  engineer, 
at  any  fire  that  may  occur  in  the  city,  the  foreman  of  any  com- 
pany first  at, the  fire  shall  exercise  the  duties  of  the  chief  engi- 
neer, with  all  the  power  of  such  chief  for  the  time  being. 

Sec.  108.  It  shall  be  the  duty  of  the  chief  engineer  to  see 
that  the  laws,  ordinances  and  regulations  that  pertain  to  the  fire 
department  are  observed  by  all  persons  connected  therewith ;  to 
examine  into  the  condition  of  all  houses  and  apparatus  belong- 
ing to  the  city,  and  used  for  the  purpose  of  the  fire  department, 
and  see  that  they  are  kept  in  good  condition. 

Sec.  109.  The  chief  engineer  and  committee  on  the  fire 
department  shall  provide  as  many  fire  alarm  bells  as  they  may 
deem  necessary,  and  the  chief  engineer  shall  designate  in  what 
manner  they  shall  be  rung.  He  shall  cause  every  member  of 
the  fire  department  to  be  well  instructed  as  to  the  meaning  and 
object  of  the  fire  alarm  bells.  It  shall  be  the  duty  of  the  mem- 
bers of  the  police  department,  immediately  upon  the  discovery 
or  upon  authentic  information  of  the  fire,  to  cause  the  nearest 
fire  alarm  bell  to  be  rung,  if  in  their  power  to  do  so,  and  it  shall 
be  the  duty  of  the  night  police,  upon  <-he  alarm  of  fire,  to  give 
further  notice  thereof  by  crying  "fire!"  and  if  any  policeman 
shall  violate  any  of  the  provisions  of  this  section,  so  far  as  his 
duties  are  concerned,  he  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof,  shall  be  discharged  from 
service  in  the  police  department. 

Sec.  no.  The  chief  engineer  shall,  in  suitable  books, 
keep  or  cause  to  be  kept  a  record  of  the  names,  ages  and  resi- 
dences of  all  the  members  of  the  fire  department,  the  time  of 
their  admission  and  discharge,  and  an  inventory  or  record  of  all 


REVISED  ORDINANCES.  I  55 

the  property  belonging  to  the  fire  department,  and  every  par- 
ticular connected  with  each  fire  that  may  occur,  stating  what 
property  was  destroyed,  giving  its  discription,  the  name  of  its 
owner,  and  occupant,  where  located,  and  its  value,  amount  of 
loss  and  insurance,  and  if  possible,  the  cause  of  the  fire.  He 
shall  keep  a  record  of  the  false  alarms,  and  the  expense  con- 
nected with  the  department,  keeping  the  expense  of  each  com- 
pany separate,  and  such  lacts  and  information  as  he  may  deem 
of  value,  to  be  preserved,  and  shall  annually  at  the  close  of 
each  fiscal  year,  report  to  the  council  the  summary  of  the  record 
preserved  during  the  preceding  year,  and  such  other  informa- 
tion as  he  may  deem  proper,  which  report  the  council  may  di- 
rect to  be  published. 

Sec.  III.  It  shall  be  the  duty  of  the  foreman  of  each 
company  to  see  that  the  engine  and  fire  apparatus  and  property 
committed  to  his  care,  an  1  the  several  buildings  in  which  the 
same  are  deposited,  and  all  things  in  or  belonging  to  the  same, 
are  kept  neat  and  clean,  and  in  perfect  order  for  immediate  use. 
It  shall  also  be  his  duty  to  preserve  order  and  discipline  at  all 
times,  in  his  respective  company,  and  require  and  restrict  close 
observance  and  compliance  of  the  ordinances  and  rules  and  reg- 
ulations of  the  department.  It  shall  further  be  the  duty  of  the 
foreman  to  keep  such  books  and  records,  as  the  chief  engineer 
may  require,  and  to  furnish  such  information  as  he  may  have, 
to  the  chief  engineer  to  enable  him  to  keep  the  record  required 
by  ordinance.  Any  foreman  who  shall  refuse  or  neglect  to  obey 
the  orders  of  the  chief  engineer  shall  be  discharged  from  the 
service.  In  the  absence  of  the  foreman  of  any  company  the 
chief  engineer  shall  appoint  some  member  to  fill  his  place,  dur- 
ing his  absence,  with  full  power  to  act  and  perform  all  the  duties 
of  such  absent  foreman. 

Sec.  112.  The  members  of  the  fire  department  shall  per- 
form such  duties  as  may  be  imposed  upon  them  by  the  chief 
engineer  or  the  foreman  of  their  company,  and  shall  wear  such 
uniform,  caps,  badges,  etc.,  as  the  chief  engineer  and  commit- 
tee may  direct. 


156  REVISED  ORDINANCES. 

Sec.  113.  No  association  or  organized  society,  or  club 
of  firemen  as  such,  shall  be  allowed  except  benevolent  associa- 
tions; nor  shall  any  member  of  the  fire  department  take  any 
part  in  any  election  by  peddling  tickets  or  electioneering  in  any 
manner;  no  spirituous  or  malt  liquors  shall  be  kept  or  drunk  in 
any  engine  or  other  house  used  by  the  fi.e  department.  Any 
member  found  ixtoxicated  or  drunk,  may  be  discharged. 

Sec.  1 14.  Persons  not  members  of  the  fire  department, 
are  not  permitted  to  frequent,  meet  or  loiter  around  the  engine 
houses  used  by  the  fire  department.  Men  on  duty  at  such 
houses,  who  may  allow  the  same,  shall  be  subject  to  dismissal. 
No  ol^cer  or  member  shall  be  discharged  from  the  fire  depart- 
ment on  account  of  his  religious  or  political  principles. 

Sec.  115.  The  foreman  of  each  company  shall  be  with 
his  pipe  when  at  fires,  and  shall  see  that  his  line  of  hose  is  well 
guarded  and  in  no  instance  shall  members  allow  any  person  ex- 
cept membero  of  the  fire  department  to  ride  on  the  apparatus 
either  going  to  or  from  a  fire.  Racing  to  or  from  fires  is  not 
allowed  under  any  circumstances,  under  penalty  of  dismissal; 
and  if  the  apparatus  of  more  than  one  company  proceed  on  the 
same  street,  to  or  from  a  fire,  they  shall  go  in  single  file. 

Sec.  116.  Whenever  any  hose  used  in  the  fire  depart- 
ment are  laid  upon  any  street,  alley,  or  any  vacant  lot  for  the 
purpose  of  being  used  by  the  fire  department,  it  shall  not  be 
lawful  for  any  wagon,  carriage,  street  railway  car,  locomotive  or 
railroad  car,  or  any  other  vehicle,  to  pass  over  the  same,  and 
the  owner,  owners  or  drivers  of  any  wagon,  carriage,  street 
railway  car,  locomotive  or  railroad  car  or  any  other  vehicle, 
who  shall  drive  or  run  or  cause  such  vehicle  or  vehicles  to  be 
driven  or  run  over  such  hose,  shall  be  deemed  guilty  of  a  mis- 
demeanor and  upon  conviction  thereof,  be  fined  not  less  than 
five  nor  more  than  fifty  dollars. 

Sec.  117.  Any  officer  or  member  of  the  fire  department 
neglecting  or  refusing  to  pay  a  just  debt  contracted  during  his 
connection  with  the  department  shall  be  discharged  from  the 
service. 


REVISED  ORDINANCES. 


157 


Sec.  118.  As  compensation  for  services  rendered  by  the 
officers  and  employes  in  the  city  fire  department,  they  shall 
hereafter  be  paid  as  follows : 

Chief  Engineer  per  month,  seventy-five  dollars. 

Foreman  per  month,  seventy  dollars. 

Drivers  per  month,  fifty  dollars. 

Hosemen  per  month,  fifty  dollars. 


ARTICLE    II. 


PROTECTION    AGAINST    FIRES. 


Section 

119.  To  erect  sheds,  wooden  build- 
ings, etc.,  must  have  permit, 
duty  of  city  engineer  in  re- 
gard to  same. 

120.  Permits,  how  and  by  whom 
issued;  building  to  be  removed 
at  expense  of  owner,  when. 

121.  Misdemeanor  to  erect  building 
not  in  compiance  with  the 
provisions  of  this  article,  pun- 
ishment for. 

122.  Pitch,  tar  and  inflammable  sub- 
stances must  be  boiled,  where 
and  how. 

123.  Shavings,  grass,  etc.,  not  to  be 
burned  in  any  street  or  alley, 
or  near  building. 

124.  Lighted  torch,  candle,  etc., 
around  and  in  stables  to  be 
enclosed  in  lantern. 

125.  Hay,  straw,  etc.,  must  be  en- 
closed to  protect  from  flying 
sparks. 

126.  Burning  coal  or  brand  not  to 
be  carried  in  street,  without 
being  enclosed. 

127.  Gas,  in  any  building  not  to  be 
turned  on  without  being 
lighted. 


Section 

1 28.  Fire  arms  not  to  be  dis- 
charged, except  by  whom, 
and  where. 

129.  Rockets  and  pyrotechnics  not 
to  be  discharged  except  by 
written  consent  of  mayor. 

130.  Squibs,  crackers  and  other 
fireworks  not  to  be  dis- 
charged. 

131.  Platform  of  brick,  zinc  or 
sheet-iron  must  be  placed 
beneath  stove,  etc. 

132.  Stoves  must  not  be  within 
eight  inches  of  wall,  unless 
protected. 

133.  Stove-pipes,  to  be  put  up  how 
and  by  whom  designated, 
misdemeanor  to  fail  to  put  up 
pipe  in  manner  prescribed. 

134.  Smoke  stacks  and  chimneys, 
to  be  erected  how. 

135.  Flues  and  chimneys  to  be 
burned  out,  how  and  when. 

136.  Misdemeanor  to  violate  any  of 
provisions  of  this  article,  pun- 
ishqient  for,  when  not  other- 
wise provided  for. 


Section  119.  Whenever  any  person  or  persons,  corpora- 
tion or  corporations,  are  desirous  of  erecting  any  structures  as 
are  included  in  the  term  "shed,"    "wooden  building,"    "frame 


158  REVISED    ORDINANCES. 

building,"  iron-clad  building,"  and  the  like,  they  shall  petition 
the  city  council,  setting  forth  the  proposed  location,  the  esti- 
mated or  actual  cost  and  the  contract  time  for  completion, 
together  with  the  plans,  and  specifications  and  general  draw- 
ings of  the  structure.  The  city  engineer  shall  rigidly  inquire 
into  the  propriety  of  granting  such  permit,  and  in  no  case  shall 
such  permit  be  granted  except  upon  a  petition  of  three-fourths 
majority  of  the  owners  of  property  in  the  block  in  which  the 
building  is  proposed  to  be  erected,  asking  for  its  ereetion.  In 
all  cases  where  there  is  any  doubt  in  the  mind  of  the  city  engi- 
neer as  to  the  propriety  of  issuing  any  such  permit,  he  shall 
present  such  application  to  the  city  council  with  such  recom- 
mendation as  he  shall  deem  proper.  In  cases  where  no  per- 
manent foundation  for  a  substantial  building  exists,  and  in  the 
opinion  of  the  city  council  an  iron-clad  or  wooden  building  will 
not  prove  hazardous  to  the  surrounding  property,  a  permit  may 
be  granted  for  the  erection  of  the  same  by  the  engineer  upon  an 
order  of  record  to  that  effect  made  by  the  city  council. 

Sec.  120.  All  permits  authorized  as  herein  provided, 
shall  be  issued  by  the  city  engineer,  and  shall  contain  a  pro- 
vision that  whenever,  in  the  opinion  of  the  city  council,  the 
building  becomes  dangerous  to  surrounding  property,  it  shall 
be  removed  at  the  expense  of  the  owner,  within  thirty  days 
after  notice  in  writing  has  been  given  by  the  city  council,  such 
notice  to  be  countersigned  by  the  mayor. 

Sec.  121.  The  city  engineer  may  issue  permits  for  the 
erection  of  wooden  and  other  buildings  in  the  manner  authorized 
by  the  provisions  of  this  article,  and  any  person  who  shall  erect 
any  building  in  violation  of  the  provisions  herein,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  fined  not  less  than  ten  nor  more  than  one  hundred 
dollars. 

Sec.  122.  No  person  shall  in  this  city  boil  any  pitch,  tar, 
rosin,  turpentine,  varnish  or  other  inflammable  substance,  unless 
the  same  be  done  in  an  open  place  and  at  least  twenty  feet 
from  any  building  that  might  be  injured  thereby,    or   in    a    fire- 


REVISED  ORDINANCES.  159 

proof  building;  Provided,  hoivever,  that  for  roofing  or  roof  re- 
pairing, the  materials  necessary  therefor  may  be  boiled  in  the 
roadway  immediately  adjoining  the  curbstone. 

Sec.  123.  No  person  shall  burn  any  shavings,  dry  grass, 
paper,  paper-boxes,  straw  or  other  combustible  matter,  in  any 
street,  alley  or  other  thoroughfare  or  public  place,  or  near  any 
inhabited  place  in  this  city. 

Sec.  124.  No  owner  or  occupant  of  a  livery  stable,  or 
other  stables  in  this  city,  shall  by  himself  or  those  in  his  em- 
ploy, use  therein  or  in  any  place  containing  hay,  straw  or  other 
combustible  matter,  any  lighted  candle,  torch  or  other  light, 
except  the  same  be  securely  kept  within  a  tin,  horn  or  glasj 
lantern. 

Sec.  125.  No  person  shall,  except  upon  farm  land, 
where  the  same  can  be  put  at  a  reasonably  safe  distance  from 
buildings  and  other  improvements,  have,  put  or  keep  any  hay 
or  straw,  in  stack  or  pile,  without  having  the  same  inclosed  or 
secured,  so  as  to  protect  it  from  flying  sparks  of  fire. 

Sec.  126.  No  person  shall  in  this  city  carry,  or  cause  to 
be  carried  in  any  street  or  thoroughfare,  any  burnmg  coal  or 
brand  unless  the  same  be  shut  up  in  a  covered  vessel. 

Sec.  127.  No  person  shall  in  any  building  in  this  city, 
of  whatever  name,  nature  or  description  it  may  be,  turn  on  the 
gas,  or  cause  or  suffer  the  same  to  be  turned  on,  or  escape  from 
gas  pipe  in  such  building,  unless  such  gas  be  lighted  at  once, 
and  kept  burning  until  properly  turned  off. 

Sec.  128.  No  person  not  being  a  member  of  the  police 
force,  sheriff  or  his  deputy,  constable  or  his  oeputy,  or  on  duty 
in  a  military  corps,  and  acting  under  orders  from  the  commander 
thereof,  or  not  being  a  manufacturer  of  fire  arms,  and  trying  or 
proving  articles  manufactured  by  him,  so  as  not  to  endanger  or 
injure  persons  or  property  in  the  neighborhood,  shall  discharge 
any  kind  of  fire  arms  in  this  city,  and  then  only  by  permission 
from  the  mayor. 

Sec,  129.  No  person  shall,  in  this  city,  discharge  or  set 
off   any    rockets,   or  other    pyrotechnic   exhibition,  without  the 


l60  REVISED    ORDINANCES. 

written  consent  of  the  mayor,  specifying  the  time  and  place, 
when  and  where  the  same  may  be  done. 

Sec.  130  No  person  shall,  in  this  city,  fire  or  set  off 
any  squib,  cracker  or  other  lire-works  not  previously  desig- 
nated. 

Sec.  131.  Any  person  setting  up  any  stove  or  furnace  on 
a  wooden  floor  in  any  building  in  this  city  shall  place  be- 
neath the  lower  plate  fronting  the  fire  door  of  such  stove  or 
furnace  a  platform  of  brick,  or  zinc,  or  sheet-iron,  or  other  non- 
combustible  material,  which  shall  extend  at  least  six  inches 
beyond  such  lower  plate  in  every  direction. 

Sec.  132.  No  person  shall  set  up  or  use  a  stove  the  top 
of  or  any  side  of  which  shall  be  within  eighteen  inches  of  any 
part  of  the  wood  work  of  the  wall  or  partition  of  any  building, 
without  protecting  such  wood  work  with  a  metallic  covering,  so 
as  effectually  to  prevent  the  same  from  taking  fire  from  such 
stove. 

Sec.  133.  In  all  cases  where  a  stove-pipe  projects  or 
pasess  through  the  roof  or  wood  work  of  a  building,  the  pipe 
shall  be  separated  from  such  roof  or  wood  work  at  least  six 
inches,  by  sheet-iron  or  other  incombustible  material,  and  shall 
project  above  or  beyond  the  roof  to  the  height  designated  by 
the  city  engineer,  or  committee  on  public  buildings,  or  other 
ofilicer  hereafter  authorized  by  ordinance  to  take  charge  of  such 
matters,  which  height  shall  in  no  case  be  less  than  three  feet, 
and  any  person  or  persons  failing  or  refusing  to  comply  with 
the  provisions  of  this  section  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof,  shall  be  punished  by  a 
fine  of  not  less  than  one  dollar  and  not  more  than  one  hundred 
dollars. 

Sec.  134.  No  smoke-stack  or  chimney  used  in  connec- 
tion with  any  manufacturing  or  other  establishment,  wherein 
steam  power  or  other  power  is  used,  shall  hereafter  be  erected 
of  less  height  than  twenty-five  feet  above  the  buildings  situated 
within  a  radius  of  three  hundred  feet,  unless  with  the  written 
consent  of  the  owner  or  owners  of  such  buildings. 


REVISED    ORDINANCES.  l6l 

Sec.  135.  The  owner  or  occupant  of  any  house,  shop  or 
other  'building  in  this  city,  shall  cause  the  flues  or  chimneys 
thereof  to  be  swept  or  burned  out  as  often  as  requisite  to  keep 
the  same  clean.  In  cases  of  burning  out  a  flue  it  shall  be  done 
in  the  day  time,  and  only  when  a  rain  is  falling  or  when  the 
roof  of  the  building  is  covered  with  show.  If  any  person  shall 
cause  the  flues  or  chimneys  of  any  house  ocupied  by  him  to  be 
fired  at  any  other  time  than  herein  expressed,  he  shall  be  liable 
to  the  penalties  hereinafter  prescribed. 

Sec.  136.  Any  person  violating  any  of  the  foregoing 
provisions  contained  in  this  article,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof,  shall,  where  the 
punishment  is  not  hereinbefore  specified,  be  fined  not  less  than 
one  dollar  nor  more  than  one  hundred  dollars. 


l62 


REVISED  ORDINANCES. 


CHAPTER  12. 


GRADES  OF  STREETS. 


Section 

137.  Clay  street,   between   Washing- 

ton avenue  and  Missouri  ave- 
nue. 

138.  Henry   street,   between    Wash- 

ington avenue  and   Park  ave- 
nue. 

139.  Jolinson  street,  between  W'ash- 

ington  avenue  and  Park  ave- 
nue. 

140.  Morgan  street,    between  Wash- 

ington avenue  and  Park  ave- 
nue. 

Cooper  street,  between  Wash- 
ington avenue  and  Park  ave- 
nue 

Pettis    street,      between      Mill 
street  and  Park  avenue. 
143.  Jefferson  street,  between  Wash- 
ington   avenue   and    Missouri 
avenue. 

St.  Louis  street,  between  Mill 
street  and  Lamine  avenue. 

Pacific  street,  between  Lamine 
avenue  and  Moniteau  avenue. 

Benton  street,  between  Moni- 
teau avenue  and  Missouri  ave- 
nue. 

147.  Tower  avenue,   between   Heard 

avenue  and  Engineer  street. 

148.  Jackson  street,  between  Heard 

avenue  and  Engineer  street. 

149.  Walnut  street,  between   Heard 

avenue  and  Engineer  street. 

150.  Chestnut  street,  between  Heard 

avenue  and  Engineer  street. 

151.  Boonville  street,  between  Heard 

avenue  and  Brown  street. 

152.  Saline   street,    between    Heard 

avenue  and  Brown  street. 

153.  Howard  street,  between  Heard 

avenue  and  Brown  street. 

154.  Harvey  street,  between   Heard 

avenue   and   New   York   ave- 
nue. 


141. 


142. 


144. 

145- 
146. 


Section 

155.  Main  street,  between  Mill  street 

and  western  city  limits. 

156.  Second    street,     between     Mill 

street  and  Park  avenue. 

157.  Wilkerson  .street,  between  Mon- 

iteau avenue  and  Park  ave- 
nue. 

158.  Third  street  between  New  York 

avenue  and  Barrett  avenue. 

159.  Linn     street,     between    Heard 

avenue  and  Emmet  avenue. 

160.  Fourth  street,  between  a  point 

270  feet  east  of  the  east  line  of 
Emmet  avenue  and  Barrett 
avenue. 

161.  Fifth   street,    between   a    point 

270  feet  east  of  the  east  line  of 
Emmet  avenue  and  Barrett 
avenue. 

162.  Sixth   street,    between    lots    t6 

and  15  and  7  and  8,  McVeys 
addition,  between  New  York 
avenue  and  Center  street. 

163.  Sixth   street,    between   lots    14 

and  13  and  9  and  10,  McVey's 
addition,  between  New  York 
avenue  and  Center  street. 

164.  Sixth   street,    between    Center 

street  and  Carr  avenue. 

165.  Seventh   street,    between    New 

York  avenue  and  Park  ave- 
nue. 

166.  Broadway  street,  between  east- 

ern citj'  limits  and  Thompson 
avenue. 

167.  Ninth     street,     between     New- 

York  avenue  and  Thompson 
avenue. 

168.  Tenth     street,     between     New 

York  and  Thompson  avenues. 

169.  Eleventh  street,    between  New 

York  avenue  and  Thompson 
avenue. 

170.  Twelfth   street,    between    New 


REVISED  ORDINANCES. 


163 


Section 

York  avenue  and  Washington 
avenue. 

171.  Thirteenth        street,      between 

Wagner     street      and     Grand 
avenue. 

172.  Fourteenth  street,  between  En- 

gineer street   and  Grand  ave- 
nue. 

173.  Fifteenth    street,    between    En- 

gineer street   and  Grand  ave- 
nue. 

174.  Magnolia        avenue,       between 

Moniteau   avenue   and  Grand 
avenue. 

175.  Sixteenth    street,    between    the 

eastern      and     western      city 
limits. 

176.  Seventeenth      street,     between 

Engineer     street    and    Grand 
avenue 

177.  Eighteenth  street,  between  En- 

gineer street  and  Grand  ave- 
nue. 

178.  Ninteenth  street,  between   En- 

gineer    street    and     Moniteau 
avenue. 

179.  Twentieth  street,  between   En- 

gineer street  and  Grand  ave- 
nue. 

180.  Twenty-third     street,    between 

Missouri    avenue    and    Grand 
avenue. 

181.  Twenty-fourth  street,    between 

Engineer    street    and    Grand 
avenue. 

1 82.  Barrett  avenue,  between  Third 

and  Fifth  streets. 

183.  Thompson      avenue,      between 

Third  and  Twelfth  streets. 

184.  Carr    avenue,     between    Third 

and  Twelfth  streets. 

185.  Sneed   avenue,    between  Third 

and  Twelfth  streets. 
[86.   Park    avenue,    between    Henr}- 
and  Twelfth  streets. 

187.  vStewart  avenue,  between  Henrj' 

and  Twelfth  streets. 

188.  Quincy  avenue,  between  Henry 

and  Twelfth  streets. 

189.  Prospect  street,  between  Henry 

and  Twelfth  streets. 

190.  Grand    avenue,  between  Henry 

and  Twenty -eight  I    streets. 

191.  Harrison  avenue,  between  Main 

and  Eighteenth  streets. 

192.  Missouri  avenue,  between  Clay 

and  Twenty  fourth  streets. 


Section 

193.  Vermont     street,    between     the 

Missouri  Pacific  right-of-way 
and  Eighteenth  street. 

194.  Moniteau  avenue,  between  Clay 

and  Twentieth  streets. 

195.  Kentucky  avenue,  between  Pa- 

cific and  Twenty-eighth 
streets. 

196.  Osage    avenue,     between    Clay 

antl  Twentieth  streets. 

197.  Ohio  avenue,  between  Clay  and 

Twenty-eighth  streets. 

198.  Laniine  avenue,    between    Clay 

and  Twenty-eighth  streets. 

199.  Mas.-achusetts  avenue,  between 

Main  and   Thirteenth   streets. 

200.  Washington  avenue,  been  Clay 

and  Twenty-eighth  streets. 

201.  Lafayette       avenue,      between 

Third  and  Seventeenth  streets* 

202.  Mill  street,  between   Pettis  and 

Third  streets. 

203.  Ingram  avenue,  between  Broad- 

way and  Twenty-eighth 
streets. 

204.  Thompson       street,        between 

Third  and  Nineteenth  streets. 

205.  Street  running  north  and  south 

between  Thompson  and  Han- 
cock avenue.''-,  iind  Thirteenth 
and  Ninteenth  streets. 

206.  Hancock       avenue,       between 

Third  and   Ninteenth   streets. 

207.  Marvin    street,    between    Third 

and  Twentieth  streets. 

208.  Montgomery    street,      between 

Third  and  Twentieth  streets. 

209.  Brow'n    street,    between     Third 

and  Twentieth  streets. 

210.  Summit  street,  between   Third 

and  Twentieth  streets. 

211.  Engineer  street,  between  Tower 

avenue  and  tw'enty-fourth 
street. 

212.  Wagner  street,   between  Third 

and  Fourteenth  streets. 
213    Hurley  street,    between   Saline 
and  Howard  streets. 

214.  Hill     street,      between     Tower 

avenue  and  Howard  street, 

215.  Center    street,    between    Third 

and  Twelfth  streets. 

216.  Randolph    street,    between    Sa- 

line and  Howard  streets. 

217.  Porter  street,   between  a  point 

io6y2   feet  north  of  the  north 


164 


REVISED  ORDINANCES. 


Section     . 

line    of    Seventh    street    and 
Twelfth  street. 

218.  New    York     avenue,    between 

Tower    avenue    and    Twenty- 
fourth  street. 

219.  Western  avenue,  between  Tow- 

er avenue  and  Walnut  street. 

220.  Emmet   street,  between   Tower 

avenue   and   a   point  120  feet 


Section 

feet  south  of  the  south  line  o  f 
Fifth  street. 

221.  Eastern  avenue,  between  Jack- 

son and  Walnut  streets. 

222.  Depp   avenue,    between    Tower 

avenue  and  Linn  street. 

223.  Heard  avenue,   between  Tower 

avenue  and  Linn  street. 


Sec.  137.  The  grade  of  Clay  street,  between  Washington 
avenue  and  Missouri  avenue,  shall  be  as  follows,  to-wit:  Com- 
mencing at  the  east  curb  line  of  Washington  avenue,  grade  ele- 
vation 80.5  feet;  thence  west  on  a  plane  to  the  west  curb  line 
of  Washington  avenue,  grade  elevation  80  feet ;  thence  west 
on  a  plane  to  the  east  curb  line  of  Lamine  avenue,  grade  eleva- 
tion 60.2  feet;  thence  west  on  a  plane  to  the  west  curb  line  of 
Lamine  avenue,  grade  elevation  59.8  feet;  thence  west  on  a 
plane  to  the  east  curb  line  of  Ohio  avenue,  grade  elevation  58 
feet;  thence  level  to  the  west  curb  line  of  Ohio  avenue;  thence 
west  on  a  plane  to  the  east  curb  line  of  Osage  avenue,  grade 
elevation  55-8  feet;  thence  level  to  the  west  curb  line  of  Osage 
avenue;  thence  west  on  a  plane  290  feet  to  a  point,  grade  ele- 
vation 53  feet;  thence  west  on  a  plane  to  the  east  curb  line  of 
Moniteau  avenue,  grade  elevation  57.4  feet;  thence  west  on  a 
plane  to  the  west  curb  line  of  Moniteau  avenue,  grade  elevation 
57.6  feet;  thence  west  on  a  plane  to  the  east  curb  line  of  Mis- 
souri avenue,  grade  elevation  50  feet;  thence  level  to  the  west 
curb  line  of  Missouri  avenue. 

Sec.  138.  That  the  grade  of  Henry  street,  between 
Washington  avenue  and  Park  avenue,  shall  be  as  follows,  to- 
wit:  Commencing  at  the  east  curb  line  of  Washington  ave- 
nue, grade  elevation  66. 'j  feet,  thence  west  on  a  plane  to  the 
west  curb  line  of  Washington  avenue,  grade  elevation  66.'^  feet; 
thence  west  on  a  plane  300  feet  to  a  point,  grade  elevation  64.5 
feet ;  thence  vvest  on  a  plane  to  the  east  curb  line  of  Lamine 
avenue,  grade  elevation  67.2  feet;  thence  west  on  a  plane  to 
the  west  curb  line  of  Lamine  avenue,  grade  elevation  67.4 
thence  west  level  137  feet,  thence  west  on  a  plane   to   the  east 


REVISED  ORDINANCES.  165 

curb  line  of  Ohio  avenue,  grade  elevation  64.4  feet;  thence 
level  to  the  west  curb  line  of  Ohio  avenue,  thence  west  on  a 
plane  to  the  east  curb  line  of  Osage  avenue,  grade  elevation 
70.6  feet;  thence  west  on  a  plane  to  the  west  curb  line  of  Osage 
avenue,  grade  elevation  71  feet;  thence  west  187  feet  to  a  point, 
grade  elevation  76.6  feet;  thence  west  on  a  plane  to  the  east 
curb  line  of  Moniteau  avenue,  grade  elevation  78.7  feet;  thence 
level  to  the  west  curb  line  of  Moniteau  avenue,  thence  west 
on  a  plane  to  the  east  curb  line  of  Missouri  avenue,  grade  ele- 
vation 60.9  feet;  thence  west  on  a  plane  to  the  west  curb  line 
of  Missouri  avenue,  grade  elevation  70.5  feet,  and  also  com- 
mencing at  the  east  line  of  Henry  street  as  laid  out  in  Ritchey's 
first  addition  to  the  City  of  Sedalia,  grade  elevation  44  feet ; 
thence  west  on  a  plane  to  the  east  curb  line  of  Grand  avenue, 
grade  elevation  52.6  feet;  thence  level  to  the  west  curb  line  of 
Grand  avenue,  thence  west  on  a  plane  146  feet  to  a  point, 
grade  elevation  55-5  feet;  thence  level  to  the  west  curb  line  of 
Prospect  avenue,  thence  west  on  a  plane  to  the  east  curb  line 
of  Quincy  avenue,  grade  elevation  42  feet;  thence  west  on  a 
plane  to  to  the  west  curb  line  of  Quincy  avenue,  grade  eleva- 
tion 41.6  feet;  thence  west  on  a  plane  137  feet  to  a  point,  grade 
elevation  40  feet ;  thence  west  on  a  plane  to  the  east  curb  line 
of  Stewart  avenue,  grade  elevation  43  feet;  thence  level  to  the 
west  curb  line  of  of  Stewart  avenue,  thence  west  on  a  plane  to 
the  east  curb  line  of  Park  avenue,  grade  elevation  55  feet; 
thence  level  to  the  west  curb  line  of  Park  avenue. 

Sec.  139  That  the  grade  of  Johnson  street  between 
Washington  avenue  and  Park  avenue  shall  be  as  follows,  to-wit : 
Commencing  at  the  east  curb  line  of  Washington  avenue,  grade 
elevation  73.75  feet;  thence  level  to  the  west  curb  line  of  Wash- 
ington avenue,  thence  west  on  a  plane  255  feet  to  a  point,  grade 
elevation  83  feet;  thence  west  level  150  feet,  thence  west  on  a 
plane  to  the  east  curb  line  of  Lamine  avenue,  grade  elevation 
78.3  feet;  thence  west  on  a  plane  to  the  west  curb  line  of 
Lamine  avenue,  grade  elevation  TJ .J  feet;  thence  west  on  a 
plane  to  the  east  curb  line  of  Ohio  avenue,  grade  elevation  71.2 


l66  REVISED  ORDINANCES. 

feet;  thence  level  to  the  west  curb  line  of  Ohio  avenne,  thence 
west  on  a  plane  to  the  east  curb  line  of  Osage  avenue,  grade 
elevation  80.6  feet;  thence  went  on  a  plane  to  the  west  curb 
line  of  Osage  avenue,  grade  elevation  80.9  feet;  thence  west  on 
a  plane  415  feet  to  a  point,  grade  elevation  94.25  feet;  thence 
level  to  the  west  curb  line  of  Moniteau  avenue,  thence  west  on 
a  plane  to  the  east  curb  line  of  Missouri  avenue,  grade  elevation 
81.0  feet;  thence  west  on  a  plane  to  the  west  curb  line  of  Mis- 
souri avenue,  grade  elevation  80.4  feet;  and  also  commencing 
on  the  east  line  of  Johnson  street  as  laid  out  in  Ritchey's  first  ad- 
dition to  the  city  of  Sedalia,  grade  elevation  50.5  feet;  thence 
level  135  feet;  thence  west  on  a  plane  to  the  east  curb  line  of 
Grand  avenue,  grade  elevation  56.40  feet;  thence  level  to  the 
west  curb  line  of  Grand  avenue,  thence  west  on  a  plane  to  the 
east  curb  line  of  Prospect  avenue,  grade  elevation  58.5  feet; 
thence  level  to  the  west  curb  line  of  Prospect  avenue,  thence 
west  on  a  plane  to  the  east  curb  line  of  Quincy  avenue,  grade 
elevation  51.00  feet;  thence  level  to  the  west  curb  line  of 
Quincy  avenue,  thence  west  on  a  plane  to  the  east  curb  line  of 
Stewart  avenue,  grade  elevation  50  00  feet ;  thence  level  to  the 
west  curb  line  of  Stewart  avenue,  thence  west  on  a  plane  to  the 
east  curb  line  of  Park  avenue,  grade  elevation  55.7  feet;  thence 
west  on  a  plane  to  the  west  curb  line  of  Park  avenue,  grade 
elevation  56.3  feet. 

Sec.  140.  That  the  grade  of  Morgan  street  between 
Washington  avenue  and  Park  avenue  shall  be  as  follows,  to-wit : 
Commencing  at  the  east  curb  line  of  Washington  avenue,  grade 
elevation  81.7  feet;  thence  level  to  the  west  curb  line  of  Wash- 
ington avenue,  thence  west  on  a  plane  295  feet  to  a  point, 
grade  elevation  91.00  feet;  thence  west  level  100  feet,  thence 
west  on  a  plane  to  the  east  curb  line  of  Lamine  avenue,  grade 
elevation  85.6  feet;  thence  west  on  a  plane  to  the  west  corb 
line  of  Lamine  avenue,  grade  elevation  85.00  feet;  thence  west 
on  a  plane  to  the  east  curb  line  of  Ohio  avenue,  grade  elevation 
78.00  feet;  thence  level  to  the  west  curb  line  of  Ohio  avenue, 
thence   west  on   a   plane  to  the  east  curb  line  of  Osage  avenue, 


REVISED  ORDINANCES.  167 

grade  elevation  84.7  feet;  thence  west  on  a  plane  to  the  west 
curb  line  of  Osage  avenue,  grade  elevation  85.3  feet;  thence 
west  on  a  plane  285  feet  to  a  point,  grade  elevation  94.5  feet; 
thence  west  on  a  plain  to  the  east  curb  line  of  Moniteau  avenue, 
grade  elevation  100  feet;  thence  level  to  the  west  curb  line  of 
Moniteau  avenue,  thence  west  on  a  plane  to  the  east  curb  line 
of  Missouri  avenue,  grade  elevation  81  feet;  thence  west  on  a 
plane  to  the  west  curb  line  of  Missouri  avenue,  grade  elevation 
80.4  feet;  and  also  commencing  at  the  east  line  of  Morgan 
street  as  laid  out  in  Ritchey's  addition,  grade  elevation  57  feet; 
thence  west  level  130  feet,  thence  west  on  a  plane  to  the  east 
curb  line  of  Grand  avenue,  grade  elevation  61.75  feet;  thence 
level  to  the  west  curb  line  of  Grand  avenue,  thence  west  on  a 
plane  135  feet  to  a  point,  grade  elevation  66  feet;  thence  west 
on  a  plane  to  the  east  curb  line  of  Prospect  avenue,  grade 
elevation  67  feet ;  thence  level  to  the  west  curb  line  of  Prospect 
avenue,  thence  west  on  a  plane  to  the  east  curb  line  of  Quincy 
avenue,  grade  elevation  65  feet;  tiience  level  to  the  west  curb 
line  of  Quincy  avenue,  thence  west  on  a  plane  to  the  east  curb 
line  of  Stewart  avenue,  grade  elevation  61.5  feet;  thence  level 
to  the  west  curb  line  of  Stewart  avenue,  thence  west  on  a  plane 
to  the  east  curb  line  of  Park  avenue,  grade  elevation  60 
feet;  thence  level  to  the  west  curb  line  of  Park  avenue. 

Sec  141.  That  the  grade  of  Cooper  street  between 
Washington  avenue  and  Park  avenue  shall  be  as  follows,  to-wit : 
Commencing  at  the  east  curb  line  of  Washington  avenue,  grade 
elevation  94.8  feet;  thence  level  to  the  west  curb  line  of  Wash- 
ington avenue,  thence  west  on  a  plane  305  feet  to  a  point, 
grade  elevation  97  feet;  thence  west  level  150  feet,  thence  west 
on  a  plane  to  the  east  curb  line  of  Lamine  avenue,  grade  eleva- 
tion 95-4  feet;  thence  west  on  a  plane  to  the  west  Lamine 
avenue,  grade  elevation  95.1  feet:  thence  west  on  a  plane  to 
the  east  curb  line  of  Ohio  avenue,  grade  elevation  89  feet; 
thence  west  on  a  plane  to  the  west  curb  line  of  Ohio  avenue, 
grade  elevation  88.6  feet;  thence  west  on  a  plane  to  the  east 
curb  line  of  Osage  avenue,   grade  elevation  86.4  feet;  thence 


l68  REVISED    ORDINANCES. 

level  to  the  west  curb  line  of  Osage  avenue,  thence  west  on  a 
plane  to  the  east  curb  line  of  Moniteau  avenue,  grade  elevation 
99  5  feet;  thence  level  to  the  west  curb  line  of  Moniteau  avenue, 
thence  west  on  a  plane  to  the  east  curb  line  of  Missouri  avenue, 
grade  elevation  87.4  feet;  thence  west  on  a  plane  to  the  west 
curb  line  of  Missouri  avenue,  grade  elevation  87  feet;  thence 
west  on  a  plane  320  feet  to  a  point,  grade  elevation  'JJ  feet; 
thence  west  on  a  plane  40  feet  to  a  point,  grade  elevation  76.4 
feet;  thence  west  on  a  plane  350  feet  to  a  point,  grade  elevation 
61.5  feet;  thence  west  300  feet  level,  thence  west  on  a  plane  to 
the  east  curb  line  of  Grand  avenue,  grade  elevation  67  feet; 
thence  level  to  the  west  curb  line  of  Grand  avenue,  thence  west 
on  a  plane  to  the  east  curb  line  of  Prospect  avenue,  grade 
elevation  78  feet ;  thence  level  to  the  west  curb  line  of  Prospect 
avenue,  thence  west  on  a  plane  to  the  east  curb  line  of  Quincy 
avenue,  grade  elevation  ^6  feet;  thence  level  to  the  west  curb 
line  of  Quincy  avenue,  thence  west  on  a  plane  to  the  east  curb 
line  of  Stewart  avenue,  grade  elevation  72  feet;  thence  level  "to 
the  west  curb  line  of  Stewart  avenue,  thence  west  on  a  plane  to 
the  east  curb  line  of  Park  avenue,  grade  elevation  68  feet; 
thence  level  to  the  west  curb  line  of  Park  avenue, 

Sec.  142.  That  the  grade  of  Pettis  street,  between  Mill 
street  and  Park  avenue,  shall  be  as  follows,  to-wit :  Com- 
mencing at  the  east  curb  line  of  Mill  street,  grade  elevation  100 
feet;  thence  west  on  a  plane  to  the  west  curb  line  of  Mill  street, 
grade  elevation  100.5  feet;  thence  west  on  a  plane  to  the  east 
curb  line  of  Washington  avenue,  grade  elevation  107.25  feet; 
thence  level  to  the  west  curb  line  of  Washington  avenue,  thence 
west  on  a  plane  305  feet  to  a  point,  grade  elevation  108  feet; 
thence  west  on  a  plane  to  the  east  curb  line  of  Lamine  avenue, 
grade  elevation  107.25  feet;  thence  level  to  the  west  curb  line 
of  Lamine  avenue,  thence  west  on  a  plane  to  the  east  curb  line 
of  Ohio  avenue,  grade  elevation  ioi.4feet;  thence  west  on  a 
plane  to  the  west  curb  line  of  Ohio  avenue,  grade  elevation 
1 01. 1  feet;  thence  west  on  a  plane  to  the  east  curb  line  of  Osage 
avenue,  grade  elevation  98.4  feet;    thence  west  on  a  plane  to 


i 


REVISED  ORDINANCES.  1 69 

the  west  curb  line  of  Osage  avenue,  grade  elevation  98.2  feet; 
thence  west  on  a  plane  to  the  east  curb  line  of  Moniteau  avenue, 
grade  elevation  95.2  feet;  thence  west  on  a  plane  to  the  west 
curb  line  of  Moniteau  avenue,  grade  elevation  94.8  feet;  thence 
west  on  a  plane  to  the  east  curb  line  of  Missouri  avenue,  grade 
elevation  83.7  feet;  thence  west  on  a  plane  to  the  west  curb 
line  of  Missouri  avenue,  grade  elevation  83.1  feet;  thence  west 
on  a  plane  320  feet  to  a  point,  grade  elevation  72  feet;  thence 
west  on  a  plane  4o  feet  to  a  point,  grade  elevation  71.4  feet; 
thence  west  on  a  plane  280  feet  to  a  point,  grade  elevation  66 
feet;  thence  west  level  280  feet,  thence  west  on  a  plane  to  the 
east  curb  line  of  Grand  avenue,  grade  elevation  71.8  feet; 
thence  level  to  the  west  curb  line  of  Grand  avenue,  thence  west 
on  a  plane  to  the  east  curb  line  of  Prospect  avenue,  grade  ele- 
vation 83  feet;  thence  level  to  the  west  curb  line  of  Prospect 
avenue,  thence  west  on  a  plane  to  the  east  curb'  line  of  Quincy 
avenue,  grade  elevation  81.5  feet;  thence  level  to  the  west  curb 
line  of  Quincy  avenue,  thence  west  on  a  plane  to  the  east  curb 
line  of  Stewart  avenue,  grade  elevation  ']']  feet;  thence  level  to 
the  west  curb  line  of  Stewart  avenue,  thence  west  on  a  plane  to 
the  east  curb  line  of  Park  avenue,  grade  elevation  71  feet;  thence 
level  to  the  west  curb  line  of  Park  avenue. 

Sec.  143.  That  the  grade  of  Jefferson  street,  between 
Washington  avenue  and  Missouri  avenue,  shall  be  as  follows, 
to-wit ;  Commencing  at  the  east  curb  line  of  Washington  ave- 
nue, grade  elevation  112.6  feet;  thence  level  to  the  west  curb 
line  of  Washington  avenue,  thence  west  on  a  plane  to  the  east 
curb  line  of  Lamine  avenue,  grade  elevation  iio.i  feet;  thence 
west  on  a  plane  to  the  west  curb  line  of  Lamine  avenue,  grade 
elevation  109.6  feet;  thence  west  on  a  plane  to  the  east  curb 
line  of  Ohio  avenue,  grade  elevation  104.7  feet;  thence  west 
on  a  plane  to  the  west  curb  line  of  Ohio  avenue,  grade  elevation 
104. 1  feet;  thence  west  on  a  plane  to  the  east  curb  line  of 
Osage  avenue,  grade  elevation  99.8  feet;  thence  west  on  a  plane 
to  the  west  curb  line  of  Osage  avenue,  grade  elevation  99.2 
feet;  thence  \i^est  on  a  plane  to  the  east   curb  line   of   Moniteau 


170  REVISED  ORDINANCES. 

avenue,  grade  elevation  89.40  feet;  thence  level  to  the  west 
curb  line  of  Moniteau  avenue,  thence  west  on  a  plane  to  the  east 
curb  line  of  Missouri  avenue,  grade  elevation  79.8  feet;  thence 
west  on  a  plane  to  the  west  curb  line  of  Missouri  avenue,  grade 
elevation  79.4. 

Sec.  144.  That  the  grade  of  St.  Louis  street,  between 
Mill  street  and  Lamine  avenue,  shall  be  as  follows,  to-wit : 
Commencing  at  the  east  curb  line  of  Mill  street,  grade  elevation 
102.2  feet;  thence  west  on  a  plane  to  the  west  curb  line  of  Mill 
street,  grade  elevation  102. 6  feet;  thence  west  on  a  plane  to  the 
east  curb  line  of  Washington  avenue,  grade  elevation  11 1.5 
feet ;  thence  west  on  a  plane  to  to  the  west  curb  line  of  Wash- 
ington avenue,  grade  elevation  11  1.8  feet;  thence  west  on  a 
plane  150  feet  to  a  point,  grade  elevation  113. 6  feet;  thence 
west  on  a  plane  40  feet,  grade  elevation  1 13.2  feet;  thence  west 
on  a  plane  to  the  east  curb  line  of  Lamine  avenue,  grade  eleva- 
tion 107.7  feet. 

Sec.  145.  That  the  grade  of  Pacific  street,  between  La- 
mine avenue  and  Moniteau  avenue,  shall  be  as  follows,  to-wit: 
Commencing  at  the  west  curb  line  of  Lamine  avenue,  grade  ele- 
vation 106. 1  feet;  thence  west  on  a  plane  to  the  east  curb  line 
of  Ohio  avenue,  grade  elevation  101.6  feet;  thence  west  on  a 
plane  to  the  west  curb  line  of  Ohio  avenue,  grade  elevation 
1 01. 2  feet;  thence  west  on  a  plane  to  the  east  curb  line  of  Osage 
avenue,  grade  elevation  96.6  feet;  thence  west  on  a  plane  to  the 
west  curb  line  of  Osage  avenue,  grade  elevation  96  feet;  thence 
west  on  a  plane  to  the  east  curb  line  of  Kentucky  avenue,  grade 
elevation  91.3  feet;  thence  west  on  a  plane  to  the  west  curb  line 
of  Kentucky  avenue,  grade  elevation  90.7  feet;  thence  west  on 
a  plane  to  the  east  curb  line  of  Moniteau  avenue,  grade  eleva- 
tion 87.75  feet. 

Sec.  146.  That  the  grade  of  Benton  street,  between 
Moniteau  avenue  and  Missouri  avenue,  shall  be  as  follows,  to- 
wit:  Commencing  at  the  west  curb  line  of  Moniteau  avenue, 
grade  eleuation  87  feet;  thence  west  on  a  plane  to  the  east  curb 
line  of  Missouri  avenue,  grade  elevation  79  feet;  thence  west  on 


^ 


REVISED  ORDINANCES.  I/I 

a  plane  to  the  west  curb  line  of   Missouri    avenue,    grade   eleva- 
tion 78.5  feet. 

Sec.  147.  That  the  grade  of  Tower  avenue,  between 
Heard  avenue  and  Engineer  street,  shall  be  as  follows,  to-wit : 
Commencing  at  the  east  curb  line  of  Heard  avenue,  grade  ele- 
vation 118  feet;  thence  level  to  the  west  curb  line  of  Heard 
avenue,  thence  west  on  a  plane  to  the  east  curb  line  of  Depp 
avenue,  grade  elevation  119.9  feet;  thence  west  on  a  plane  to 
the  west  curb  line  of  Depp  avenue,  grade  elevation  120.1  feet; 
thence  west  on  a  plane  to  the  east  curb  line  of  Emmet  avenue, 
grade  elevation  128  feet;  thence  west  on  a  plane  to  the  west 
curb  line  of  Emmet  avenue,  grade  elevation  128.4  feet;  thence 
west  on  a  plane  to  the  east  line  of  Western  avenue,  grade 
elevation  129.5  feet;  thence  level  to  the  west  line  of  Western 
avenue,  thence  west  on  a  plane  to  the  east  curb  line  of  New 
York  avenue,  grade  elevation  128  feet;  thence  level  to  the  west 
curb  line  of  New  York  avenue,  thence  west  level  160  feet, 
thence  west  on  a  plane  to  the  east  curb  line  of  Hill  street,  grade 
elevation  i  18.3  feet;  thence  west  on  a  plane  to  ihe  west  curb 
line  of  Hill  street,  grade  elevation  117.7  feet;  thence  west  on  a 
plane  to  the  east  curb  line  of  Engineer  street,  grade  elevation 
I  1 1.5  feet;  thence  level  to  the  west  curb  line  of  Engineer  street 

Sec.  148.  That  the  grade  of  Jackson  street,  between 
Heard  avenue  and  Engineer  street,  shall  be  as  follows,  to-wit: 
Commencing  at  the  east  curb  line  of  Heard  avenue,  grade  ele- 
vation 120  feet;  thence  level  to  the  west  curb  line  of  Heard  ave- 
nue, thence  west  on  a  plane  to  the  east  curb  line  of  Depp  ave- 
nue, grade  elevation  123.2  feet;  thence  west  on  a  plane  to  the 
west  curb  line  of  Depp  avenue,  grade  elevation  123.8  feet; 
thence  west  on  a  plane  to  the  east  curb  line  of  Emmet  avenue, 
grade  elevation  129  feet;  thence  level  to  the  west  curb  line  of 
Emmet  avenue,  thence  west  on  a  plane  to  the  east  line  of  West- 
ern avenue,  grade  elevation  127  feet;  thence  west  on  a  plane  to 
the  west  line  of  Western  avenue,  grade  elevation  126.6  feet; 
thence  west  on  a  plane  to  the  east  curb  line  of  New  York  ave- 
nue, grade  elevation  122.4  feet;  thence  west  on  a  plane  to   the 


172  REVISED  ORDINANCES. 

west  curb  line  of  New  York  avenue,  grade  elevation  122  feet; 
thence  west  on  a  plane  160  feet  to  a  point,  grade  elevation  121 
feet,  thence  west  level  320  feet,  thence  west  on  a  plane  to  the 
east  curb  line  of  Hill  street,  grade  elevation  1 15.3  feet;  thence 
west  on  a  plane  to  the  west  curb  line  of  Hill  street,  grade  eleva- 
tion I  14.70  feet;  thence  west  on  a  plane  to  the  east  curb  line  of 
Engineer  street,  grade  elevation  103.3  feet;  thence  level  to  the 
west  curb  line  of  Engineer  street. 

Sec.  149.  That  the  grade  of  Walnut  street,  between 
Heard  avenue' and  Engineer  street,  shall  be  as  follows,  to- wit : 
Commencing  at  the  east  curb  line  of  Heard  avenue,  grade  ele- 
vation 121.5  feet;  thence  level  to  the  west  curb  line  of  Heard 
avenue,  thence  west  on  a  plane  to  the  east  curb  line  of  Depp 
avenue,  grade  elevation  120.5  feet;  thence  level  to  the  west 
curb  line  of  Depp  avenue,  thence  west  on  a  plane  to  the  east 
curb  line  of  Emmet  avenue,  grade  elevation  124.8  feet;  thence 
level  to  the  west  curb  line  of  Emmett  avenue,  thence  west  on  a 
plane  to  the  east  curb  line  of  Western  avenue,  grade  elevation 
124  feet;  thence  west  on  a  plane  to  the  west  line  of  West- 
ern avenue,  grade  elevation  123.6  feet;  thence  west  on  a  plane 
to  the  east  curb  line  of  New  York  avenue,  grade  elevation 
1 20. 1  feet;  thei  ce  west  on  a  plane  to  the  west  curb  line  of 
New  York  avenue,  grade  elevation  i  19  7  feet;  thence  west  on 
a  plane  165  feet  to  a  point,  grade  elevation  116  feet;  thence 
west  on  a  plane  315  feet  to  a  point,  grade  elevation  113  feet; 
thence  west  on  a  plane  to  the  east  curb  line  of  Hill  street,  grade 
elevation  114.7  feet;  thence  level  to  the  west  curb  line  of  Hill 
street,  thence  west  on  a  plane  265  feet  to  a  point,  grade  eleva- 
tion 1 10  feet;  thence  west  on  a  plane  to  the  east  curb  line  of 
Engineer  street,  grade  elevation  100  feet;  thence  level  to  the 
west  curb  1  ne  of  Engineer  street. 

Sec.  150.  That  the  grade  of  Chestnut  street  between 
Heard  avenue  and  Engineer  street,  shall  be  as  follows,  to-wit: 
Commencing  at  the  east  curb  line  of  Heard  avenue,  grade  ele- 
vation 118. 2  feet;  thence  level  to  the  west  curb  line  of  Heard 
avenue,  thence  west  on  a   plane   to   the  east  curb  line  of  Depp 


REVISED  ORDINANCES.  I  73 

avenue,  grade  elevation  116  feet;  thence  level  to  the  west  curb 
line  of  Depp  avenue,  thence  west  on  a  plane  to  the  east  curb 
line  of  Emmet  avenue,  grade  elevation  120.5  feet;  thence  level 
to  the  west  curb  line  of  Emmet  avenue,  thence  west  on  a  plane 
to  the  east  curb  line  of  New  York  avenue,  grade  elevation 
I  17.8  feet;  thence  west  on  a  plane  to  the  west  curb  line  of  New 
York  avenue,  grade  elevation  117.4  feet;  thence  west  on  a 
plane  480  feet  to  a  point,  grade  elevation  107  feet;  thence  west 
on  a  plane  to  the  east  curb  line  of  Hill  street,  grade  elevation 
105  I  feet;  thence  west  on  a  plane  to  the  west  curb  line  of  Hill 
street,  grade  elevation  104.9  feet;  thence  west  on  a  plane  to 
the  east  curb  line  of  Engineer  street,  grade  elevation  96.7  feet; 
thence  level  to  the  west  curb  line  of  Engineer  street. 

Sec.  151.  The  grade  of  Boonville  street,  between  Heard 
avenue  and  Brown  street,  shall  be  as  follows,  to-wit :  Com- 
mencing at  the  east  curb  line  of  Heard  avenue,  grade  elevation 
1 12. 1  feet,  thence  west  on  a  plane  to  the  west  curb  line  of 
Heard  avenue,  grade  elevation  111.9  feet;  thence  west  on  a 
plane  to  the  east  curb  line  of  Depp  avenue,  grade  elevation 
109.5  feet;  thence  level  to  the  west  curb  line  of  Depp  avenue, 
thence  west  on  a  plane  to  the  east  curb  line  of  Emmet  avenue, 
grade  elevation  12 1.3  feet;  thence  level  to  the  west  curb  line 
of  Emmet  avenue,  thence  west  on  a  plane  to  the  east  curb  line 
of  New  York  avenue,  grade  elevation  116.2  feet;  thence  level 
to  the  west  curb  line  of  New  York  avenue,  thence  west  on  a 
plane  to  a  point  446  feet  east  of  the  east  line  of  Hill  street, 
grade  elevation  114  feet;  thence  west  on  a  plane  to  the  east 
curb  line  of  Hill  street,  grade  elevation  103.90  feet;  thence 
west  on  a  plane  to  the  west  curb  line  of  Hill  street,  grade  eleva- 
tion 103.4  feet;  thence  west  on  a  plane  to  a  point  242  feet  east 
of  the  east  line  of  Engineer  street,  grade  elevation  99.6  feet ; 
thence  west  on  a  plane  to  the  east  curb  line  of  Engineer  street, 
grade  elevation  98.50  feet;  thence  level  to  the  west  curb  line 
of  Engineer  street,  thence  west  on  a  plane  to  the  east  curb  line 
of  Summit  street,  grade  elevation  93.5  feet;  thence  west  level 
to  the  west  curb  line  of  Brown  street. 


174  REVISED  ORDINANCES. 

Sec.  152.  The  grade  of  Saline  street  between  Heard 
avenue  and  Brown  street  shall  be  as  follows,  to-wit :  Com- 
mencing at  the  east  curb  line  of  Heard  avenue,   grade  elevation 

102.3  feet;  thence  level  to  the  west  curb  line  of  Heard  avenue, 
thence  west  on  a  plane  to  the  east  curb  line  of  Depp  avenue, 
grade  elevation  iii  feet;  thence  west  on  a  plane  to  the  west 
curb  line  of  Deep  avenue,  grade  elevation  11 1.6  feet;  thence 
west  on  a  plane  to  the  east  curb  line  of  Emmet  avenue,  grade 
elevation  120.2  feet;  thence  west  on  a  plane  to  the  west  curb 
line  of  Emmet  avenue,  grade  elevation  120. 8  feet;  thence  west 
on  a  plane  205  feet  to  a  point,  grade  elevation  122  feet;  thence 
west  level  to  the  west  curb  line  of  New  York  avenue,  thence 
west  on  a  plane  to  the  east  curb  line  of  Randolph  street,  grade 
elevation  1 14  feet;  thence  west  on  a  plane  to  the  west  curb  line 
of  Randolph  street,  grade  elevation  113.8  feet;  thence  west  on 
a  plane  to    the   east   curb    line   of    Hill   street,    grade   elevation 

1 1 1.4  feet;  thence  west  on  a  plane  to  the  west  curb  line  of  Hill 
street,  grade  elevation  1 1 1.2  feet;  thence  west  on  a  plane  to  the 
east  curb  line  of  Hurley  street,  grade  elevation  108. 8  feet; 
thence  west  on  a  plane  to  the  west  curb  line  of  Hurley  street, 
grade  elevation  108.4  ^eet;  thence  west  on  a  plane  to  the  east 
curb  line  of  Engineer  street,  grade  elevation  105.7  feet;  thence 
level  to  the  west  curb  line  of  Engineer  street,  thence  west  on  a 
plane  to  the  east  curb  line  of  Summit  street,  grade  elevation 
106.9  feet;  thence  west  on  a  plane  to  the  west  curb  line  of 
Summit  street,  grade  elevation  107.  i  feet ;  thence  level  to  the 
east  curb  line  of  Brown  street,  thence  west  on  a  plane  to  the 
west  curb  line  of  Brown  street,  grade  elevation  106. 9  feet, 

Sec.  153.  The  grade  of  Howard  street,  between  Heard 
avenue  and  Brown  street,  shall  be  as  follows,  to-wit :  Com- 
mencing at  the  east  curb  line  of   Heard  avenue,  grade  elevation 

109.5  feet;  thence  west  on  a  plane  to  the  west  curb  line  of 
Heard  avenue,  grade  elevation  109  3  feet;  thence  west  on  a 
plane  to  the  east  curb  line  of  Depp  avenue,  grade  elevation 
107.5  feet;  thence  level  to  the  west  curb  line  of  Depp  avenue, 
thence  west  on  a  plane  to  the  east  curb  line  of  Emmet  avenue, 


REVISED  ORDINANCES.  1/5 

grade  elevation  116.8  feet;  thence  west  on  a  plane  to  the  west 
curb  line  of  Emmet  avenue,  grade  elevation  117.2  feet;  thence 
west  on  a  plane  to  the  east  curb  line  of  New  York  avenue,  grade 
elevation  122  feet;  thence  level  to  the  west  curb  line  of  New 
York  avenue,  thence  west  on  a  plane  to  the  east  curb  line  of 
Randolph  street,  grade  elevation  1 19.4  feet;  thence  west  on  a 
plane  to  the  west  curb  line  of  Randolph  street,  grade  elevation 
1 19.2  feet;  thence  west  on  a  plane  to  the  east  curb  line  of  Hill 
street,  grade  elevation  1 17.9  feet;  thence  west  on  a  plane  to  the 
west  curb  line  of  Hill  street,  grade  elevation  i  17.7  feet;  thence 
west  on  a  plane  to  the  east  curb  line  of  Hurley  street,  grade  ele- 
vation 1 16.5  feet;  thence  west  on  a  plane  to  the  west  curb  line 
of  Hurley  street,  grade  elevation  116.3  feet;  thence  west  on  a 
plane  to  the  east  curb  line  of  Engineer  street,  grade  elevation 
115.72  feet ;  thence  level  to  the  west  curb  line  of  Engineer  street, 
then:e  west  on  a  plane  to  the  east  curb  line  of  Summit  street, 
grade  elevation  114  feet;  thence  west  on  a  plane  to  the  west 
curb  line  of  Summit  street,  grade  elevation  113.4  feet;  thence 
west  on  a  plane  to  the  east  curb  line  of  Brown  street,  grade  ele- 
vation 107.3  feet;  thence  west  on  a  plane  to  the  west  curb  line 
of  Brown  street,  grade  elevation  106.7  feet. 

Sec.  154.  The  grade  of  Harvey  street,  between  Heard 
avenue  and  New  York  avenue,  shall  be  as  follows,  to-wit: 
Commencing  at  the  east  curb  line  of  Heard  avenue,  grade  ele- 
vation 108.8  feet;  thence  west  on  a  plane  to  the  west  curb  line 
of  Heard  avenue,  grade  elevation  109.2  feet;  thence  west  on  a 
plane  340  feet  to  the  M..  K.  &  T.  Railway  Co.'s  right  of  way, 
grade  elevation  114,4  feet;  thence  west  level  to  the  M.,  K.  & 
T.  Railway  Co.'s  right  of  way,  thence  west  on  a  plane  to  the 
east  curb  line  of  Depp  avenue,  grade  elevation  II4  feet;  thence 
level  to  the  west  curb  line  of  Depp  avenue ;  thence  west  on  a 
plane  to  the  east  curb  line  of  Emmet  avenue,  grade  elevation 
1 16.7  feet;  thence  level  to  the  west  curb  line  of  Emmet  avenue. 

Sec.  155.  The  grade  of  Main  street  between  Mill  street 
and  western  city  limits  shall  be  as  follows,  to-wit:  Commenc- 
ing at  the  intersection  of  the  north  curb  line  of  Main  street  with 


176  REVISED  ORDINANCES. 

the  west  curb  line  of  Washinj^^ton  avenue,  grade  elevation'  i  18 
feet ;  thence  easterly  to  the  intersection  of  the  north  curb  line 
of  Main  street  with  the  east  curb  line  of  Washington  avenue, 
grade  elevation  114  feet;  thence  easterly  along  the  north  curb 
line  of  Main  street  187  feet,  grade  elevation  iii  8  feet;  thence 
east  along  the  north  line  of  Main  street  to  its  intersection  with 
the  west  curb  line  of  Mill  street,  grade  elevation  109  feet;  thence 
south  along  the  west  curb  line  of  Mill  street  on  a  plane  to  the 
south  curb  line  of  Main  street,  grade  elevation  109. 5  feet; 
thence  westerly  along  the  south  curb  line  of  Main  street  to  a 
point  365  feet  west  of  the  west  curb  line  of  Mill  street,  grade 
elevation  116  feet;  thence  west  along  south  curb  line  of  Main 
street  to  the  east  curb  line  of  Washington  avenue,  grade  eleva- 
tion 118  feet;  thence  west  along  the  south  curb  line  of  Main 
street  to  the  intersection  with  the  west  curb  line  of  Washington 
avenue,  grade  elevation  118  feet;  and  also  commencing  at  the 
west  curb  line  of  Washington  avenue,  grade  elevation  118  feet; 
thence  west  on  a  plane  to  the  west  curb  line  of  Massachusetts 
avenue,  grade  elevation  i  14.7  feet;  thence  west  on  a  plane  to 
the  east  curb  line  of  Lamine  avenue,  grade  elevation  1 1 1  feet ; 
thence  west  on  a  plane  to  the  west  curb  line  of  Lamine  avenue, 
grade  elevation.  1 10.4  feet;  thence  west  on  a  plane  to  the  east 
curb  line  of  Ohio  avenue,  grade  elevation  106. 3  feet;  thence 
west  on  a  plane  to  the  west  curb  line  of  Ohio  avenue,  grade 
elevation  105.4  feet;  thence  west  on  a  plane  to  the  east  curb 
line  of  Osage  avenue,  grade  elevation  100.7  feet;  thence  west 
on  a  plane  to  the  west  curb  line  of  Osage  avenue,  grade  eleva- 
tion 99.4  feet;  thence  west  on  a  plane  to  the  east  curb  line  of 
Kentucky  avenue,  grade  elevation  95.2  feet;  thence  west  on  a 
plane  to  the  west  curb  line  of  Kentucky  avenue,  grade  elevation 
94-5  feet;  thence  west  on  a  plane  100  feet  to  a  point,  grade 
elevation  91.7  feet;  thence  west  on  a  plane  to  the  east  curb 
line  of  Moniteau  avenue,  grade  elevation  89.3  feet;  thence  west 
on  a  plane  to  the  east  curb  line  of  Vermont  avenue,  grade 
elevation  87.7  feet;  thence  west  on  a  plane  to  the  west  curb 
Ime  of  Vermont  avenue,  grade  elevation  87.5  feet;    thence  west 


REVISED  ORDINANCES.  177 

on  a  plane  to  the  east  curb  line  of  Missouri  avenue,  grade  eleva- 
85  feet;  thence  level  to  the  west  curb  line  of  Missouri  avenue, 
thence  west  on  a  plane  to  the  east  curb  line  of  Harrison  avenue, 
grade  elevation  JT .6  feet;  thence  west  on  a  plane  to  the  west 
curb  line  of  Harrison  avenue,  grade  elevation  JJ  feet ;  thence 
west  on  a  plane  290  feet  to  a  point,  grade  elevation  73  feet;' 
thence  west  on  a  plane  to  the  east  curb  line  of  Gaand  avenue, 
grade  elevation  75  feet ;  thence  level  to  the  west  curb  line  of 
Grand  avenue;  thence  west  on  a  plane  to  the  east  curb  line  of 
Prospect  avenue,  grade  elevation  81.2  feet;  thence  west  on  a 
plane  to  the  west  curb  line  of  Prospect  avenue,  grade  elevation 
81.4  feet,  thence  west  on  a  plane  150  feet  to  a  point,  grade 
elevation  81.2  feet;  thence  west  on  a  plane  to  the  east  curb  line 
of  Quincy  avenue,  grade  elevation  79.2  feet;  thence  west  on  a 
plane  to  the  west  curb  line  of  Quincy  avenue,  grade  elevation 
78.8  feet;  thence  west  on  a  plane  to  the  east  curb  line  of 
Stewart  avenue,  grade  elevation  70.6  feet;  thence  west  on  a 
plane  to  the  west  curb  line  of  Stewart  avenue,  grade  elevation 
70.2  feet;  thence  west  on  a  plane  to  the  east  curb  line  of  Park 
avenue,  grade  elevation  62.5  feet;  thence  level  to  the  west  line 
of  Park  avenue,  thence  west  on  a  plane  965  feet  to  a  point, 
grade  elevation  44.5  feet;  thence  west  on  a  plane  575  feet  to  a 
point,  grade  elevation  36  feet;  thence  west  on  a  plane  500  feet, 
grade  elevation  31  feet;  thence  west  on  a  plane  585  feet  to  a 
.point  in  the  western  city  limits,  grade  elevation  34  feet. 

Sec.  156.  The  grade  of  Second  street  between  Mill  street 
and  Park  avenue  shall  be  as  follows,  to-vvit :  Commencing  at 
the  west  curb  line  of  Mill  street,  grade  elevation  110.35  feet; 
thence  west  on  a  plane  to  the  east  curb  line  of  Washington  ave- 
nue, grade  elevation  119.80  feet;  thence  level  to  the  west  curb 
line  of  Washington  avenue,  thence  west  on  a  plane  to  the  east 
curb  line  of  Massachusetts  avenue,  grade  elevation  11  5-4  feet; 
thence  west  on  a  plane  to  the  west  curb  line  of  Massachusetts 
avenue,  grade  elevation  i  14.8  feet;  thence  west  on  a  plane  to 
the  east  curb  line  of  Lamine  avenue,  grade  elevation  109.6 
feet ;   thence  west  on  a   plane   to   the  west   curb  line  of  Lamine 


178  REVISED  ORDINANCES. 

avenue,  grade  elevation  108.4  feet;  thence  west  on  a  plane  to 
the  east  curb  line  of  Ohio  avenue,  grade  elevation  102.9  fett; 
thence  west  on  a  plane  to  the  west  curb  line  of  Ohio  avenue, 
grade  elevation  102.5  feet;  thence  west  on  a  plane  to  a  point 
125  feet  east  of  the  east  line  of  Osage  avenue,  grade  ele- 
vation 100  feet;  ■  thence  west  to  the  east  curb  line  of  Osage 
avenue,  grade  elevation  98.60  feet;  thence  level  to  the  west 
curb  line  of  Osage  avenue,  thence  west  on  a  plane  to  the  east 
curb  line  of  Kentucky  avenue,  grade  elevation  966  feet; 
thence  level  to  the  west  curb  line  of  Kentucky  avenue,  thence 
west  on  a  plane  to  a  point  136.5  feet  east  of  the  east  line  of 
Moniteau  avenue,  grade  elevation  97.5  feet;  thence  west  on  a 
plane  to  the  east  curb  line  of  Moniteau  avenue,  grade  elevation 
96  feet;  thence  level  to  the  west  curb  line  of  Moniteau  avenue, 
thence  vest  on  a  plane  to  a  point  132.5  feet  east  of  the  east 
line  of  Vermont  avenue,  grade  elevation  97  feet;  thence  west 
on  a  plane  to  the  east  curb  line  of  Vermont  avenue,  grade  eleva- 
vation  95  feet ;  thence  level  to  the  west  curb  line  of  Vermont 
avenue,  thence  west  on  a  plane  to  the  east  curb  line  of  Missouri 
avenue,  grade  elevation  90.5  feet;  thence  west  on  a  plane  to 
the  west  curb  line  of  Missouri  avenue,  grade  elevation  89.50 
feet ;  thence  west  on  a  plane  to  the  east  curb  Ime  of  Harrison 
avenue,  grade  elevation  79.1  feet;  thence  west  on  a  plane  to  a 
point  180  feet  east  of  the  east  line  of  Grand  avenue,  grade  ele- 
vation 78.5  feet;  thence  west  on  a  plane  to  the  east  curb  line  of 
Grand  avenue,  grade  elevation  80.9  feet;  thence  west  on  a 
plane  to  the  west  curb  line  of  Grand  avenue,  grade  elevation 
81.4  feet;  thence  west  on  a  plane  to  the  east  curb  line  of  Pros- 
pect avenue,  grade  elevation  86  feet;  thence  west  on  a  plane  to 
the  west  curb  line  of  Prospect  avenue,  grade  elevation  86  feet; 
thence  west  on  a  plane  140  feet  to  a  point,  grade  elevation  85 
feet;  thence  west  to  the  east  curb  line  of  Quincy  avenue,  grade 
elevation  84.8  feet;  thence  west  on  a  plane  to  the  west  curb 
line  of  Quincy  avenue,  grade  elevation  84.4;  thence  west  on  a 
plane  to  the  east  curb  line  of  Stewart  avenue,  grade  elevation 
75  feet;   thence  west  on  a  plane  to  the  west  curb  line  of  Stewart 


REVISED  ORDINANCES.  1/9 

avenue,  grade  elevation,  74.6  feet;  thence  west  on  a  plane  to 
the  east  curb  line  of  Park  avenue,  grade  elevation  6s.6  feet; 
thence  level  to  the  west  line  of  Park  avenue. 

Sec.  157.  The  grade  of  Wilkerson  street  between  Moni- 
teau avenue  and  Park  avenue,  shall  be  as  follows,  to-wit :  Com- 
mencing at  the  west  line  of  Moniteau  avenue,  grade  elevation 
102.72  feet;  thence  west  on  a  plane  to  the  east  curb  line  of 
Vermont  avenue,  grade  elevation  98.2  feet;  thence  west  on  a 
plane  to  the  west  curb  line  of  Vermont  avenue,  grade  elevation 
97.8  feet;  thence  west  on  a  plane  to  the  east  curb  line  of  Mis- 
souri avenue,  grade  elevation  88.5  feet;  thence  west  on  a  plane 
to  the  west  curb  line  of  Missouri  avenue,  grade  elevation  87.9 
feet;  thence  west  on  a  plane  156  feet  to  a  pomt,  grade  eleva- 
tion 81.6  feet;  thence  west  on  a  plane  to  the  west  curb  line  of 
Harrison  avenue,  grade  elevation  78.2  feet;  thence  west  250 
feet  to  a  point,  grade  elevation  80.5  feet;  thence  west  on  a 
plane  to  the  east  curb  line  of  Grand  avenue,  grade  elevation 
85.40  feet;  thence  west  on  a  plane  to  the  west  curb  line  of 
Grand  avenue,  grade  elevation  85.80  feet;  thence  west  on  a 
plane  to  the  east  curb  line  of  Prospect  avenue,  grade  elevation 
89.80  feet;  thence  level  to  the  west  curb  line  of  Prospect  ave- 
nue, thence  west  on  a  plane  to  the  east  curb  line  of  Quincy 
avenue,  grade  elevation  83.8  feet;  thence  west  on  a  plane  to 
the  west  curb  line  of  Quincy  avenue,  grade  elevation  83.4  feet; 
thence  west  on  a  plane  to  the  east  curb  line  of  Stewart  avenue, 
grade  elevation  74  feet;  thence  west  on  a  plane  to  the  west 
curb  line  of  Stewait  avenue,  grade  elevation  73.6  feet;  thence 
west  on  a  plane  to  the  east  curb  line  of  Park  avenue,  grade  ele- 
vation 64.2  feet. 

Sec.  158.  The  grade  of  Third  street,  between  New  York 
avenue  and  Barrett  avenue,  shall  be  as  follows,  to-wit:  Com- 
mencing at  the  east  curb  line  of  New  York  avenue,  grade  ele- 
vation 1 18.4  feet;  thence  west  on  a  plane  to  the  west  curb  line 
of  New  York  avenue,  grade  elevation  118  feet;  thence  west  on 
a  plane  to  the  east  curb  line  of  Porter  street,  grade  elevation 
106  feet;    thence  level   to   the   west   curb   line   of  Porter  street, 


I  So  REVISED    ORDINANCES. 

thence  level  to  the  west  curb  line  of  Center  street,  thence  west 
on  a  plane  to  the  east  curb  line  of  Wagner  street,  grade  eleva- 
tion 1 1 1.4  feet;  thence  west  on  a  plane  to  the  west  curb  line  of 
Wagner  street,  grade  elevation  11 1.6  feet;  thence  west  on  a 
plane  so  the  east  curb  of  Engineer  street,  grade  elevation  1 13.5 
feet,  thence  west  on  a  plane  to  the  west  curb  line  of  Engineer 
street,  grade  elevation  1 13.9  feet,  thence  west  on  a  plane  to  the 
east  curb  line  of  Summit  street,  grade  elevation  116  feet, 
thence  west  on  a  plane  to  the  west  curb  line  of  Summit  street, 
grade  elevation  116.6  feet,  thence  west  on  a  plane  to  the  east 
curb  line  of  Brown  street,  grade  elevation  II8.I  feet,  thence  level 
to  the  west  curb  line  of  Brown  street,  thence  west  on  a  plane  to 
the  east  curb  line  of  Montgomery  street,  grade  elevation  1 17  feet, 
thence  west  on  a  plane  to  the  west  curb  line  of  Montgomery 
street,  grade  elevation  1 16.6  feet,  thence  west  on  a  plane  to  the 
east  curb  line  of  Marvin  street,  grade  elevation  115  feet,  thence 
west  on  a  plane  to  the  east  curb  line  of  Hancock  avenue,  grade 
elevation  117.1  feet,  thence  west  on  a  plane  to  the  west  curb 
line  of  Hancock  avenue,  grade  elevation  116.9  feet,  thence 
west  on  a  plane  to  the  east  M.,  K.  &  T.  tracks,  grade  elevation 
1 14.3  feet,  thence  level  across  the  M.,  K.  &  T.  tracks,  thence 
west  on  a  plane  to  east  line  of  M.,  K.  &  T.  Ry.  tracks,  grade 
elevation  110.4  feet,  thence  level  across  the  S.,  W.  &  S.  Ry. 
tracks,  thence  west  on  a  plane  to  the  east  curb  line  of  Mill 
street,  grade  elevation  11 1.6  feet,  thence  west  on  a  plane  to 
the  west  curb  line  of  Mill  street,  grade  elevation  11 1.9  feet, 
thence  west  on  a  plane  to  the  east  curb  line  of  Lafayette  ave- 
nue, grade  elevation  116.2  feet,  thence  west  on  a  "plane  to  the 
west  curb  line  of  Lafayette  avenue,  grade  elevation  116. 6  feet, 
thence  west  on  a  plane  to  the  east  curb  line  of  Washington  ave- 
nue, grade  elevation  118. 3  feet,  thence  level  to  the  west  curb 
line  of  Washington  avenue,  thence  west  on  a  plane  to  the  east 
curb  line  of  Massachusetts  avenue,  grade  elevation  113.1  feet, 
thence  west  on  a  plane  to  the  west  curb  line  of  Massachusetts 
avenue,  grade  elevation  112. 1  feet,  thence  west  on  a  plane  to 
the  east  curb  line  of  Lamine  avenue,  grade  elevation  108.3  ^eet, 


REVISED    ORDINANCES.  l8l 

thence  level  to  the  west  curb  line  of  Lamine  avenue,  thence 
west  on  a  plane  to  the  east  curb  line  of  Ohio  avenue,  grade 
elevation  106.60  feet,  thence  level  to  the  west  line  of  Ohio 
avenue,  thence  west  on  a  plane  to  the  east  curb  line  of  Osage 
avenue,  grade  elevation  107  feet,  thence  west  on  a  plane  to  the 
west  curb  line  of  Osage  avenue,  grade  elevation  107.3  ^^et, 
thence  west  on  a  plane  to  the  east  curb  line  of  Kentucky  ave- 
nue, grade  elevation  108.8  feet,  thence  level  to  the  west  curb 
line  of  Kentucky  avenue,  then  west  on  a  plane  to  the  east  curb 
line  of  Moniteau  avenue,  grade  elevation  104.8  feet,  thence 
west  on  a  plane  to  the  west  curb  line  of  Moniteau  avenue,  grade 
elevation  104.5  feet,  thence  west  on  a  plane  to  the  east  curb 
line  of  Vermont  avenue,  grade  elevation  96.4  feet,  thence  west 
on  a  plane  to  the  west  curb  line  of  Vermont  avenue,  grade  ele- 
vation 95.4  feet,  thence  west  on  a  plane  to  the  east  curb  line  of 
Missouri  avenue,  grade  elevation  89.2  feet,  thence  west  on  a 
plane  to  the  west  curb  line  of  Missouri  avenue,  grade  elevation 
88.8  feet,  thence  west  on  a  plane  to  the  east  curb  line  of  Har- 
rison avenue,  grade  elevation  86.90  feet,  thence  west  on  a  plane 
to  the  west  curb  line  of  Harrison  avenue,  grade  elevation  87.2 
feet,  thence  west  on  a  plane  to  the  east  curb  line  of  Grand  ave- 
nue, grade  elevation  92.3  feet,  thence  west  on  a  plane  to  the 
west  curb  line  of  Grand  avenue,  grade  elevation  92.6  feet, 
thence  west  on  a  plane  to  the  east  curb  line  of  Prospect  avenue, 
grade  elevation  90  feet,  thence  west  on  a  plane  to  the  west  curb 
line  of  Prospect  avenue,  grade  elevation  89.8  feet,  thence  west 
on  a  plane  140  feet  to  a  point,  grade  elevation  87.4  feet,  thence 
west  on  a  plane  to  the  east  curb  line  of  Quincy  avenue,  grade 
elevation  83.7  feet,  thence  west  on  a  plane  to  the  west  curb 
line  of  Quincy  avenue,  grade  elevation  83.1  feet,  thence  west 
on  a  plane  to  the  east  curb  line  of  Stewart  avenue,  grade  eleva- 
tion 74.90  feet,  thence  west  on  a  plane  to  the  west  curb  line  of 
Stewart  avenue,  grade  elevation  74.40  feet,  thence  west  on 
plane  to  the  east  curb  line  of  Park  avenue,  grade  elevation 
69.5  feet,  thence  west  on  a  plane  to  the  west  curb  line  of 
Park    avenue,    grade    elevation    69    feet,    thence     west    on     a 


I  82  REVISED    ORDINANCES. 

plane  to  the  east  curb  line  of  Sneed  avenue,  grade  elevation 
65.2  feet,  thence  west  on  a  plane  to  the  west  curb  line  of 
Sneed  avenue,  grade  elevation  64.8  feet,  thence  west  on  a 
plane  to  the  east  curb  line  of  Carr  avenue,  grade  elevation 
60.8  feet,  thence  west  on  a  plane  to  the  west  curb  line  of 
Carr  avenue,  grade  elevation  60.2  feet,  thence  west  on  a 
plane  to  the  east  curb  line  of  Thompson  avenue,  grade  ele- 
vation 54.2  feet  thence  west  on  a  plane  to  the  west  curb 
line  of  Thompson  avenue,  grade  elevation  53.8  feet,  thence 
west  on  a  plane  to  the  east  curb  line  of  Barrett  avenue, 
grade  elevation  52.3  feet,  thence  level  to  the  west  curb  line 
of  Barrett  avenue. 

Sec.  159.  The  grade  of  Linn  street,  between  Heard  ave- 
nue and  Emmet  avenue,  shall  be  as  follows,  to-wit:  Com 
mencing  at  the  east  curb  line  of  Heard  avenue,  grade  elevation 
108.8  feet,  thence  west  on  a  plane  to  the  west  curb  line  of  Heard 
avenue,  grade  elevation  109.4  ^eet,  thence  west  on  a  plane  to 
the  east  curb  line  of  Depp  avenue,  grade  elevation  116.7  feet, 
thence  west  on  a  plane  to  the  west  curb  line  of  Depp  avenue, 
grade  elevation  117.3  feet,  thence  west  on  a  plane  240  feet 
to  a  point,  grade  elevation  119  feet,  thence  west  on  a  plane  to 
the  east  curb  line  of  Emmet  avenue,  grade  elevation  1 18  feet, 
thence  level  to  the  west  curb  line  of  Emmet  avenue. 

Sec.  160.  The  grade  of  Fourth  street,  between  a  point 
270  feet  east  of  the  east  line  of  Emmet  avenue  and  Barrett  ave- 
nue, shall  be  as  follows,  to-wit:  Commencing  at  a  point  270 
feet  east  of  the  east  line  of  Emmet  avenue,  grade  elevation  121 
feet,  thence  west  on  a  plane  to  the  east  curb  line  of  Emmet  ave- 
nue, grade  elevation  119.7  ^eet,  thence  west  on  a  plane  to  the 
west  curb  line  of  Emmet  avenune  119.5  feet,  thence  west  on  a 
plane  to  the  east  curb  line  of  New  York  avenue,  grade  eleva- 
tion 1 10.3  feet,  thence  west  on  a  plane  to  the  west  curb  line  of 
New  York  avenue,  grade  elevation  109.7  ^eet,  thence  west  on  a 
plane  200  feet  to  a  point,  grade  elevation  104  feet,  thence  west 
on  a  plane  io  the  east  curb  line  of  Porter  street,  grade  eleva- 
tion loi  feet,  thence  level  to  the  west  curb  line  of  Porter  street, 


REVISED  ORDINANCES.  1 83 

thence  level  to  the  west  curb  line  of  Center  street,  thence  west 
on  a  plane  to  the  east  curb  line  of  Wagner  street,  grade  eleva- 
tion 106. 1  feet,  thence  west  on  a  plane  to  the  west  curb  line  of 
Wagner  street,  grade  elevation  106.3  ^e^t,  thence  west  on  a 
plane  to  the  east  curb  line  of  Engineer  street,  grade  elevation 
108.7  ^eet,  thence  west  on  a  plane  to  the  east  curb  line  of  Summit 
street,  grade  elevation  1 14.4  feet,  thence  west  on  a  plane  to  the 
west  curb  line  of  Summit  street,  grade  elevation  1 15  feet,  thence 
west  on  a  plane  to  the  east  curb  line  of  Brown  street,  grade  ele- 
vation 1 19.5  feet,  thence  level  to  the  west  curb  line  of  Brown 
street,  thence  west  on  a  plane  to  the  east  curb  line  of  Montgom- 
ery street,  grade  elevation  118.1  feet,  thence  west  on  a  plane  to 
the  west  curb  line  of  Montgomery  street,  grade  elevation  117.9 
feet,  thence  west  on  a  plane  to  the  east  line  of  Marvin  street,  grade 
elevation  116.4  feet,  thence  level  to  the  west  line  of  Marvin 
street,  thence  west  on  a  plane  to  the  east  curb  line  of  Hancock 
avenue,  grade  elevation  118.4  feet,  thence  level  to  the  west 
curb  line  of  Hancock  avenue,  thence  west  on  a  plane  350  feet 
to  a  point,  grade  elevation  114  feet,  and  also  commencing  at 
the  east  curb  line  of  Tliompson  avenue,  grade  elevation  11 1.3 
feet,  thence  level  to  the  west  curb  line  of  Thompson  avenue, 
thence  west  on  a  plane  275  feet  to  a  point,  grade  elevation 
1 12.3  feet,  thence  west  on  a  plane  to  the  east  curb  line  of  La- 
fayette avenue,  grade  elevation  117.4  ^eet,  thence  west  on  a 
plane  to  the  west  curb  line  of  Lafayette  avenue,  grade  elevation 
1 17.6  feet,  thence  west  on  a  plane  142^  feet  to  a  point,  grade 
elevation  1 18.4  feet,  thence  west  on  a  plane  to  east  curb  line 
of  Washington  avenue,  grade  elevation  117.8  feet,  thence  west 
on  a  plane  to  the  west  curb  line  of  Washington  avenue,  grade 
elevation  117.2  feet,  thence  west  on  a  plane  to  east  curb  line  of 
Massachusetts  avenue,  grade  elevation  I12  feet,  thence  level  to 
the  west  curb  line  of  Massachusetts  avenue,  thence  west  on  a 
plane  to  the  east  curb  line  of  Lamine  avenue,  grade  elevation 
112.75  feet,  thence  level  to  the  west  curb  line  of  Lamine  ave- 
nue, thence  west  on  a  plane  to  the  east  line  of  Ohio  avenue, 
grade   elevation   I13.6   feet,    thence  west  on  a  plane  to  the  west 


l84  REVISED  ORDINANCES. 

line  of  Ohio  avenue,  grade  elevation  1 14  feet,  thence  west  on  a 
plane  to  the  east  curb  line  of  Osage  avenue,  grade  elevation 
1 12.75  feet,  thence  level  to  the  west  curb  line  of  Osage  avenue, 
thence  west  on  a  plane  to  the  east  curb  line  of  Kentucky  ave- 
nue, grade  elevation  1 10.77  ^^et,  thence  west  on  a  plane  to  the 
west  curb  line  of  Kentucky  avenue,  grade  elevation  110.37  feet, 
thence  west  on  a  plane  to  the  east  curb  line  of  Moniteau  avenue, 
grade  elevation  104.74  ^eet,  thence  west  on  a  plane  to  the  west 
curb  line  of  Moniteau  avenue,  grade  elevation  104.02  feet, 
thence  west  on  a  plane  to  the  east  curb  line  of  Vermont  avenue, 
grade  elevation  96  feet,  thence  west  on  a  plane  to  the  west  curb 
line  of  Vermont  avenue,  grade  elevation  95.3  feet,  thence  west 
on  a  plane  to  the  east  curb  line  of  Missouri  avenue,  grade  ele- 
vation 89.30  feet,  thence  west  on  a  plane  to  the  west  curb  line 
of  Missouri  avenue,  grade  elevation  89  feet,  thence  west  on  a 
plane  to  the  east  curb  line  of  Harrison  avenue,  grade  elevation 
89.40  feet,  thence  level  to  the  west  curb  line  of  Hanison  avenue, 
thence  west  on  a  plane  to  the  east  curb  line  of  Grand  avenue, 
grade  elevation  95.11  feet,  thence  west  on  a  plane  to  the  west 
curb  line  of  Grand  avenue,  grade  elevation  95.63  feet,  thence 
west  level  140  feet  to  a  point,  thence  west  on  a  plane  175  feet 
to  a  point,  grade  elevation  93  feet,  thence  we3t  on  a  plane  to 
the  east  curb  line  of  Quincy  avenue,  grade  elevation  84.4  feet, 
and  also  commencing  on  the  west  curb  line  of  Park  avenue, 
grade  elevation  70.4  feet,  thence  west  on  a  plane  to  the  east 
curb  line  of  Sneed  avenue,  grade  elevation  63.4  feet,  thence  west 
on  a  plane  to  the  west  curb  line  of  Sneed  avenue,  grade  eleva- 
tion 6t,  feet,  thence  west  on  a  plane  to  the  east  curb  line  of  Carr 
avenue,  grade  elevation  56.5  feet,  thence  west  on  a  plane  to  the 
west  curb  line  of  Carr  avenue,  grade  elevation  55.9  feet,  thence 
west  on  a  plane  to  the  east  curb  line  of  Thompson  avenue,  grade 
elevation  49.3  feet,  thence  west  on  a  plane  to  the  west  curb  line 
of  Thompson  avenue,  grade  elevation  48.7  feet,  thence  west  on 
a  plane  to  the  east  curb  line  of  Barrett  avenue,  grade  elevation 
44.6  feet,  thence  level  to  the  west  curb  line  of   Barrett    avenue. 


REVISED  ORDINANCES.  I  85 

Sec.  161.  The  grade  of  Fifth  street  between  a  point 
270  feet  east  of  the  east  line  of  Emmet  avenue  and  Barrett 
avenue  shall  be  as  follows,  to-wit :  Commencing  at  a  point  270 
feet  east  of  the  east  line  of  Emmet  avenue,  grade  elevation  121 
feet,  thence  west  on  a  plane  to  the  east  curb  line  of  Emmet 
avenue,  grade  elevation  118. 2  feet,  thence  west  on  a  plane  to 
the  west  curb  line  of  Emmet  avenue,  grade  elevation  i  18  feet, 
thence  west  on  a  plane  to  the  east  curb  line  of  New  York  avenue, 
grade  elevation  108.60  feet,  thence  west  on  a  plane  to  the  west 
curb  line  of  New  York  avenue,  grade  elevation  108  feet,  also 
commencing  at  the  east  curb  line  of  New  York  avenue,  grade 
elevation  108.  i  feet,  thence  west  on  a  plane  to  the  west  curb 
line  of  New  York  avenue,  grade  elevation  107. 5  feet,  thence 
west  on  a  plane  210  feet  tc  a  point,  grade  elevation  10 1  feet, 
thence  west  on  a  plane  to  the  east  curb  line  of  Porter  street, 
grade  elevation  98.1  feet,  thence  west  on  a  plane  to  the  west 
curb  line  of  Porter  street,  grade  elevation  97.9  feet,  thence 
west  on  a  plane  to  the  east  curb  line  of  Center  street,  grade 
elevation  97  feet,  thence  level  to  the  west  curb  line  of  Center 
street,  also  commencing  at  the  east  curb  line  of  Center  street, 
grade  elevation  95.7  feet,  thence  level  to  the  west  curb  line  of 
Center  street,  thence  west  on  a  plane  to  the  east  curb  line  l  f  Wag- 
ner street,  grade  elevation  100  feet,  thence  west  on  a  plane  to  the 
west  curb  line  of  Wagner  street,  grade  elevation  100.4  feet, 
thence  west  on  a  plane  to  the  east  curb  line  of  Engineer  street, 
grade  elevation  108,4  ^^et,  thence  west  on  a  plane  to  the  west 
curb  line  of  Engineer  street,  grade  elevation  108.8  feet,  thence 
west  on  a  plane  to  the  east  curb  line  of  Summit  street,  grade 
elevation  1 1  5 .4  feet,  thence  west  on  a  plane  to  the  west  curb  line 
of  Summit  street,  grade  elevation  115.6  feet,  thence  west  on  a 
plane  to  the  east  curb  line  of  Brown  street,  grade  elevation  i  17 
feet,  thence  west  on  a  plane  to  the  west  curb  line  of  Brown 
street,  grade  elevation  1 17.4  feet,  then  west  level  to  the  cast 
curb  line  of  Montgomery  street,  thence  west  on  a  plane  to  the 
west  curb  line  of  Montgomery  street,  grade  elevation  1 16.8  feet, 
thence  west  on    a    plane    to    the    east    line    of    Marvin    street, 


l86  REVISED  ORDINANCES. 

grade  elevation  1 14.4  feet,  thence  level  to  the  west  line  of  Mar- 
vin street,  thence  west  on  a  plane  to  the  east  curb  line  of 
Hancock  street,  grade  elevation  117  feet,  thence  west  on  a 
plane  to  the  west  curb  line  of  Hancock  street,  grade  elevation 
116.9  feet,  thence  west  on  a  plane  to  the  M.,  K.  &  T  Ry. 
Co.'s  repair  tracks,  grade  elevation  115.30  feet,  thence  west  on 
a  plane  60  feet  across  M.,  K.  &  T.  Ry.  Co.'s  repair  tracks, 
grade  elevation  114.90  feet,  thence  west  150  feet  on  a  plane  to 
the  M.,  K.  &  T.  Ry.  Co.'s  tracks,  grade  elevation  I15.49  feet, 
thence  west  on  a  plane  to  the  S.,  W.  &  S.  Ry.  tracks,  grade 
elevation  115.70  feet,  thence  west  on  a  plane  285  feet  to  a 
point,  grade  elevation  I16.35  feet,  thence  west  on  a  plane  to 
the  east  curb  line  of  Lafayette  avenue,  grade  elevation  120.3 
feet,  thence  west  on  a  plane  to  the  west  curb  line  of  Lafayette 
avenue,  grade  elevation  120.6  feet,  thence  west  on  a  plane  to 
a  point,  132.5  feet  east  of  the  east  line  of  Washington  avenue, 
grade  elevation  122.3  ^^et,  thence  west  on  a  plane  to  the  east 
curb  line  of  Washington  avenue,  grade  elevation  120.60  feet, 
thence  level  to  the  west  curb  line  of  Washington  avenue,  thence 
west  on  a  plane  to  the  east  curb  line  of  Massachusetts  avenue, 
grade  elevation  1 18.33  f^^t,  thence  level  to  the  west  curb  line  of 
Massachusetts  avenue,  thence  west  on  a  plane  to  the  east  curb 
line  of  Lamine  avenue,  grade  elevation  I17.4  feet,  thence  level 
to  the  west  curb  line  of  Lamine  avenue,  thence  west  on  a  plane 
to  the  east  line  of  Ohio  avenue,  grade  elevation  115.6  feet, 
thence  west  on  a  plane  to  the  west  line  of  Ohio  avenue,  grade 
elevation  115 -3  feet,  thence  west  on  a  plane  to  the  east  curb 
line  of  Osage  avenue,  grade  elevation  III  feet,  thence  west  level 
to  the  west  curb  line  of  Osage  avenue,  thence  west  on  a  plane 
to  the  east  curb  line  of  Kentucky  avenue,  grade  elevation  107 
feet,  thence  west  on  a  plane  to  the  west  curb  line  of  Kentucky 
avenue,  grade  elevation  I06.5  feet,  thence  west  on  a  plane  to 
the  east  curb  line  of  Moniteau  avenue,  grade  elevation  99.75 
feet,  thence  west  on  a  plane  to  the  west  curb  line  of  Moniteau 
avenue,  grade  elevation  99  feet,  thence  west  on  a  plane  to  the 
east  curb  line  of  Vermont  avenue,   grade  elevation  91.5    feet. 


REVISED  ORDINANCES.  187 

thence  level  to  the  west  curb  line  of  Vermont  avenue,  thence 
west  on  a  plane  to  the  east  curb  line  of  Missouri  avenue,  grade 
elevation  91.9  feet,  thence  west  on  a  plane  to  the  west  curb  line 
of  Missouri  avenue,  grade  elevation  92. 1  feet,  thence  west  on  a 
plane  to  the  east  curb  line  of  Harrison  avenue,  grade  elevation 
94.2  feet,  thence  west  on  a  plane  to  the  west  curb  line  of  Har- 
rison avenue,  grade  elevation  04.9  feet,  thence  west  on  a  plane 
to  the  east  curb  line  of  Grand  avenue,  grade  elevation  98. 1  feet, 
and  also  commencing  on  the  west  curb  line  of  Grand  avenue, 
grade  elevation  99.67  feet,  thence  west  on  a  plane  325  feet  to  a 
point,  grade  elevation  94.5  feet,  thence  west  on  a  plane  to  the 
east  curb  line  of  Quincy  avenue,  grade  elevation  87.2  feet,  and 
also  commencing  at  the  west  curb  line  of  Park  avenue,  grade 
elevation  65.6  feet,  thence  west  on  a  plane  to  the  east  curb  line 
of  Sneed  avenue,  grade  elevation  58.4  feet,  thence  west  on  a 
plane  to  the  west  curb  line  of  Sneed  avenue,  grade  elevation  58 
feet,  thence  west  on  a  plane  to  the  east  curb  line  of  Carr  avenue, 
grade  elevation  52. 1  feet,  thence  west  on  a  plane  to  the  west 
curb  line  of  Carr  avenue,  grade  elevation  51.  5  feet,  thence  west 
on  a  plane  to  the  east  curb  line  of  Thompson  avenue,  grade 
elevation  46.2  feet,  thence  level  to  the  west  curb  line  of  Thomp- 
son avenue,  thence  west  on  a  plane  to  the  east  curb  line  of  Bar- 
rett avenue,  grade  elevation  43.3  feet,  thence  level  to  the  west 
line  of  Barrett  avenue. 

Sec.  162.  The  grade  of  Sixth  street,  between  lots  16  and 
15  and  lots  7  and  8  McVey's  addition,  between  New  York  ave- 
nue and  Center  street,  shall  be  as  follows,  to-wit:  Commenc- 
ing at  the  east  curb  line  of  New  York  avenue,  grade  elevation 
107.8  feet,  thence  west  on  a  plane  to  the  west  curb  line  of  New 
York  avenue,  grade  elevation  107. 2  feet,  thence  west  on  a  plane 
to  the  east  curb  line  of  Center  street,  grade  elevation  89  feet, 
thence  level  to  the  west  curb  line  of  Center  street. 

Sec.  163.  The  grade  of  Sixth  street,  between  lots  14  and 
13  and  9  and  10  McVey's  addition,  between  New  York  avenue 
and  Center  street,  shall  be  as  follows,  to-wit:  Commencing  at 
the  east  curb  line  of  New   York   avenue,  grade  elevation    109.8 


I  88  REVISED  ORDINANCES. 

feet,  thence  west  on  a  plane  to  the  west  curb  line  of  New  York 
avenue,  grade  elevation  109.2  feet,  thence  west  on  a  plane  320 
feet  to  a  point,  grade  elevation  98.2  feet,  thence  west  on  a  plane 
to  the  east  curb  line  of  Center  street,  grade  elevation  93.5  feet, 
thence  level  to  the  west  curb  line  of  Center  street. 

Sec.  164.  The  grade  of  Sixth  street,  between  Center 
street  and  Carr  avenue,  shall  be  as  follows,  to-wit :  Commenc- 
ing at  the  east  curb  line  of  Center  street,  grade  elevation  91. 3 
feet,  thence  level  to  the  west  curb  line  of  Center  street,  thence 
west  on  a  planp  to  the  east  curb  line  of  Wagner  street,  grade 
elevation  97.8  feet,  thence  west  on  a  plane  to  the  west  curb  line 
of  Wagner  street,  grade  elevation  98.4  feet,  thence  west  on  a 
plane  to  the  east  curb  line  of  Engineer  street,  grade  elevation 
108.3  f^^t,  thence  west  on  a  plane  to  the  west  curb  line  of  En- 
gineer straet,  grade  elevation  108. 7  feet,  thence  west  on  a  plane 
to  the  east  curb  line  of  Summit  street,  grade  elevation  III.  5  feet, 
thence  level  to  the  west  curb  line  of  Summit  street,  thence  west 
on  a  plane  to  the  east  curb  line  of  Brown  street,  grade  elevation 
108.6  feet,  thence  level  to  the  west  curb  line  of  Montgomery 
street,  thence  west  on  a  plane  to  the  east  line  of  Marvin  street, 
grade  elevation  107.4  ^^^t,  thence  level  to  the  west  line  of  Mar- 
vin street,  and  also  commencing  at  the  east  curb  line  of  Lafay- 
ette avenue,  grade  elevation  122. 8  feet,  thence  west  on  a  plane 
to  the  west  curb  line  of  Lafayette  avenue,  grade  elevation  123.2 
thence  west  on  a  plane  to  the  east  curb  line  of  Washington  ave- 
nue, grade  elevation  12 5. 5  feet,  thence  level  to  the  west  curb 
line  of  Washington  avenue,  thence  west  on  a  plane  to  the  east 
curb  line  of  Massachusetts  avenue,  grade  elevation  123.5  feet, 
thence  west  on  a  plane  to  the  east  curb  line  of  Lamine  ave- 
nue, grade  elevation  II9.8  feet,  thence  west  on  a  plane  to  the  west 
curb  line  of  Lamine  avenue,  grade  elevation  I19  feet,  thence 
west  on  a  plane  to  the  east  curb  line  of  Ohio  avenue,  grade 
elevation  113. 6  feet;  thence  west  on  a  plane  to  the  west  curb 
line  of  Ohio  avenue,  grade  elevation  II3.4  feet,  thence  west  on 
a  plane  to  the  east  curb  line  of  Osage  avenue,  grade  elevation 
106.9  ^^Gt,  thence  level  to  the  west  curb  line  of   Osage  avenue. 


REVISED    ORDINANCES.  I89 

thence  west  on  a  plane  to  the  east  curb  Hne  of  Kentucky  ave- 
nue, grade  elevation  101.4  feet,  thence  west  on  a  plane  to  the 
west  curb  line  of  Kentucky  avenue,  grade  elevation  loi  feet, 
thence  west  on  a  plane  to  the  east  curb  line  of  Moniteau  ave- 
nue, grade  elevation  97.3  feet,  thence  level  to  the  west  curb  line 
of  Moniteau  avenue,  thence  west  on  a  plane  to  the  east  curb 
line  of  Vermont  avenue,  grade  elevation  97.5  feet,  thence  west 
on  a  plane  to  the  west  curb  line  of  Vermont  avenue,  grade  ele- 
vation 97.7  feet,  thence  west  on  a  plane  to  the  east  curb  line  of 
Missouri  avenue,  grade  elevation  99.6  feet,  thence  level  to  the 
west  curb  line  of  Missouri  avenue,  thence  west  on  a  plane  to  the 
east  curb  line  of  Harrison  avenue,  grade  elevation  100.4  feet, 
thence  level  to  the  west  curb  line  of  Harrison  avenue,  thence 
west  on  a  plane  to  the  east  curb  line  of  Grand  avenue,  grade  ele- 
vation 96.7  feet,  thence  level  to  the  west  curb  line  of  Grand  ave- 
nue, thence  west  on  a  plane  the  east  curb  line  of  Quincy  avenue, 
grade  elevation  84  feet,  thence  west  on  a  plane  to  the  west 
line  of  Quincy  avenue,  grade  elevation  83.6  feet,  thence  west 
on  a  plane  290  feet  to  a  point,  grade  elevation  73.6  feet,  thence 
west  on  a  plane  40  feet  to  a  point,  grade  elevation  J},  feet, 
thence  west  on  a  plane  to  the  east  curb  line  of  Park  avenue, 
grade  elevation  63  feet,  thence  level  to  the  west  curb  line  of 
Park  avenue,  and  also  commencing  at  the  east  curb  line  of  Park 
avenue,  grade  elevation  62. 1  feet,  thence  level  to  the  west  curb 
line  of  Park  avenue,  thence  west  on  a  plane  to  the  east  curb  Hne 
of  Sneed  avenue,  grade  elevation  53-2  feet,  thence  west  on  a 
plane  to  the  west  curb  line  of  Sneed  avenue,  grade  elevation 
52.8  feet,  thence  west  on  a  plane  to  the  east  curb  line  of  Carr 
avenue,  grade  elevation  48  feet,  thence  level  to  the  west  curb 
line  of  Carr  avenue. 

Sec.  165  The  grade  of  Seventh  street  between  New 
York  avenue  and  Park  avenue  shall  be  as  follows,  to-wit : 
Commencing  at  the  east  curb  line  of  New  York  avenue,  grade 
elevation  105.6  feet,  thence  west  on  a  plane  to  the  west  curb 
line  of  New  York  avenue,  grade  elevation  105. 2  feet,  thence 
west  on  a  plane  to   the   east   curb  line   of  Porter    street,   grade 


190  REVISED  ORDINANCES. 

elevation  95.4  feet,  thence  west  on  a  plane  to  the  west  curb  line 
of  Porter  street,  grade  elevation  95  feet,  thence  west  on  a  plane 
to  the  east  curb  line  of  Center  street,  grade  elevation  86.8  feet, 
thence  level  to  the  west  curb  line  of  Center  street,  thence  west  on 
a  plane  to  the  east  curb  line  of  Wagner  street,  grade  elevation 
95.7  feet,  thence  west  on  a  plane  to  the  west  curb  line  of  Wag- 
ner street,  grade  elevation  96.3  feet;  thence  w<=st  on  a  plane  to 
the  east  curb  line  of  Engineer  street,  grade  elevation  106.6 
feet,  thence  west  on  a  plane  to  the  west  curb  line  of  Engineer 
street,  grade  elevation  107  feet,  thence  level  to  the  east  curb 
line  of  Summit  street,  thence  west  on  a  plane  to  the  west  curb 
line  of  Summit  street,  grade  elevation  106.4  ^^et,  thence  west 
on  a  plane  to  the  east  curb  line  of  Brown  street,  grade  elevation 
99  feet,  thence  level  to  the  west  curb  line  of  Brown  street, 
thence  west  on  a  plane  to  the  east  curb  line  of  Montgomery 
street,  grade  elevation  99.5  feet,  thence  level  to  the  west  curb 
line  of  Montgomery  street,  thence  west  on  a  plane  to  the  east 
line  of  Marvin  street,  grade  elevation  105  feet,  thence  level  to  the 
west  line  of  Marvin  street,  and  also  commencing  at  the  east  curb 
line  of  Lafayette  avenue,  gradeelevation  12  i  .6feet,  thence  level  to 
the  west  curb  line  of  Lafayette  avenue,  thence  west  on  a  plane 
to  the  east  curb  line  of  Washington  avenue,  grade  elevation 
127  feet,  thence  level  to  the  west  curb  line  of  Washington  ave- 
nue, thence  west  on  a  plane  to  the  east  curb  line  of  Massachu- 
setts avenue,  grade  elevation  124.6  feet,  thence  west  on  a  plane 
to  the  west  curb  line  of  Massachusetts  avenue,  grade  elevation 
124  feet,  thence  west  on  a  plane  to  the  east  curb  line  of 
Lamine  avenue,  grade  elevation  117. 9  feet,  thence  west  on  a 
plane  to  the  west  curb  line  of  Lamine  avenue,  grade  elevation 
117. 3  feet,  thence  west  on  a  plane  to  the  east  curb  line  of  Ohio 
avenue,  grade  elevation  113  feet,  thence  west  on  a  plane  to  the 
west  curb  line  of  Ohio  avenue,  grade  elevation  112. 9  feet,  thence 
west  on  a  plane  to  the  east  curb  line  of  Osage  avenue,  grade 
elevation  107.8  feet,  thence  west  on  a  plane  to  the  west  curb 
line  of  Osage  avenue,  grade  elevation  107.6  feet,  thence  west  on 
plane  to  the  east  curb  line  of  Kentucky  avenue,  grade  elevation 


REVISED  ORDINANCES.  I9I 

106.6  feet,  thence  west  on  a  plane  to  the  west  curb  h'ne  of  Ken- 
tucky avenue,  grade  elevation  106.7  ^eei,  thence  west  on  a 
plane  to  the  east  curb  line  of  Moniteau  avenue,  grade  elevation 
107.9  feet,  thence  level  to  the  west  curb  line  of  Moniteau 
avenue,  thence  west  on  a  plane  to  the  east  curb  line  of  Ver- 
mont avenue,  grade  elevation  106.22  feet,  thence  west  on  a 
plane  to  the  west  curb  line  of  Vermont  avenue,  grade  elevation 
105.46  feet,  thence  west  on  a  plane  to  the  east  curb  line  of  Mis- 
souri avenue,  grade  elevation  107. 6  feet,  thence  level  to  the 
west  curb  line  of  Missouri  avenue,  thence  wesf:  on  a  plane  to 
the  east  curb  line  of  Harrison  avenue,  grade  elevation  103.8 
feet,  thence  west  on  a  plane  to  the  west  curb  line  of  Harrison 
avenue,  grade  elevation  103  feet,  thence  west  to  the  east  curb 
line  of  Grand  avenue,  grade  elevation  92.5  feet;  thence  west 
on  a  plane  to  the  west  curb  line  of  Grand  avenue,  grade  ele- 
vation 92.1  feet,  thence  west  on  a  plane  to  the  east  line  of 
Quincy  avenue,  grade  elevation  77.5  feet,  thence  west  on  a 
plane  to  to  the  west  line  of  Quincy  avenue,  grade  elevation 
77.1  feet,  thence  west  on  a  plane  to  a  point  290  feet  west  of 
the  west  line  of  Quincy  avenue,  grade  elevation  69.2  feet, 
thence  west  on  a  plane  40  feet  to  a  point,  grade  elevation  68.6 
feet,  thence  west  on  a  plane  to  the  east  curb  line  of  Park  ave- 
nue, grade  elevation  60.5  feet,  thence  level  to  the  west  curb 
line  of  Park  avenue. 

Sec.  166.  The  grade  of  Broadway  between  eastern  city 
limits  and  Thompson  avenue,  shall  be  as  follows,  to-wit :  Com- 
mencing at  the  west  curb  line  of  Arlington  avenue,  grade  eleva- 
tion 112  feet,  thence  west  on  a  plane  440  feet  to  a  point,  grade 
elevation  98  feet,  thence  west  on  a  plane  390  feet  to  a  point, 
grade  elevation  94  feet,  thence  west  40  feet  level,  thence  west 
on  a  plane  285  feet  to  a  point,  grade  elevation  IOI.3  feet,  thence 
west  level  to  the  east  curb  line  of  New  York  avenue,  thence 
west  on  a  plane  to  the  west  curb  line  of  New  York  avenue, 
grade  elevation  100.7  ^^et,  thence  west  on  a  plane  to  the  east 
curb  line  of  Porter  street,  grade  elevation  88.8  feet,  thence  west 
on  a  plane  to  the  west  curb  line  of  Porter   street,    grade  eleva- 


192  REVISED  ORDINANCES. 

tion  88.2  feet,  thence  west  on  a  plane  to  the  east  curb  line  oi 
Center  street,  grade  elevation  84.7  feet,  thence  level  to  the  west 
curb  line  of  Center  street,  thence  west  on  a  plane  to  the  east 
curb  line  of  Wagner  street,  grade  elevation  93.7  feet,  thence 
west  on  a  plane  to  the  west  curb  line  of  Wagner  street,  grade 
elevation  94.3  feet,  thence  west  on  a  plane  to  the  east  curb  line 
of  Engineer  street,  grade  elevation  108  feet,  thence  level  to  the 
west  curb  line  of  Engineer  street,  thence  west  on  a  plane  to  the 
east  curb  line  of  Summit  street,  grade  elevation  103  00 
feet;  thence-  west  on  a  plane  to  the  west  curb 
line  of  Summit  street,  grade  elevation  102. 4  feet,  thence 
west  on  a  plane  to  the  east  curb  line  of  Brown  street,  grade  ele- 
vation 93  feet,  thence  level  to  the  west  curb  line  of  Brown 
street,  thence  west  on  a  plane  to  the  east  curb  line  of  Montgom- 
ery street,  grade  elevation  93.8  feet,  thence  west  on  a  plane  to 
the  west  curb  line  of  Montgomery  street,  grade  elevation  94.2 
feet,  thence  west  on  a  plane  to  the  east  curb  line  of  Marvin 
street,  grade  elevation  102.40  feet,  thence  west  on  a  plane  to 
the  west  curb  line  of  Marvin  street,  grade  elevation  103  feet, 
thence  west  level  205  feet,  thence  west  on  a  plane  to  the  east 
curb  line  of  Hancock  avenue,  grade  elevation  101.8  feet,  thence 
west  on  a  plane  to  the  west  curb  line  of  Hancock  avenue,  grade 
elevation  101.6  feet,  thence  west  on  a  plane  260  feet  to  a  point, 
grade  elevation  100  feet,  thence  west  to  the  east  curb  line  of 
Thompson  avenue,  grade  elevation  103. 8  feet,  thence  west  on  a 
plane  to  the  west  curb  line  of  Thompson  avenue,  grade  eleva- 
tion 104.2  feet,  thence  west  on  a  plane  to  the  east  curb  line  of 
Ingram  avenue,  grade  elevation  ill  feet,  thence  west  on  a  plane 
to  the  west  curb  line  of  Ingram  avenue,  grade  elevation  III. 4 
feet,  thence  west  on  a  plane  to  the  east  M.,  K.  &  T.  Ry.  tracks, 
grade  elevation  120. 2  feet,  thence  west  on  a  plane  to  the  west 
M.,  K.  &  T.  Ry.  tracks,  grade  elevation  121.2  feet,  thence  west 
on  a  plane  to  the  east  curb  line  of  Lafayette  avenue,  grade  eleva- 
tion 121.4  feet,  thence  west  on  a  plane  to  the  west  curb  line  of 
Lafayette  avenue,  grade  elevation  121.6  feet,  thence  west  on  a 
plane  to   the   east  curb  line   of  Washington  avenue,  grade  ele- 


REVISED  ORDINANCES.  193 

vation  126.2  feet;  thence  west  on  a  plane  to  the  west  curb  Hne 
of  Washington  avenue,  grade  elevation  126. 4  feet,  thence  west 
on  a  plane  to  the  east  curb  line  of  Massachusetts  avenue,  grade 
elevation  125.4  feet,  thence  level  to  the  west  curb  line  of  Mas- 
sachusetts avenue,  thence  west  on  a  plane  to  the  east  curb  line 
of  Lamine  avenue,  grade  elevation  120.5  ieet,  thence  level  to 
the  west  curb  line  of  Lamine  avenue,  thence  west  on  a  plane  to 
the  east  curb  line  of  Ohio  avenue,  grade  elevation  116.8  feet, 
thence  west  on  a  plane  to  the  west  curb  line  of  Ohio  avenue, 
grade  elevation  116.7  feet,  thence  west  on  a  plane  to  the  east 
curb  line  of  Osage  avenue,  grade  elevation  Il6  feet;  thence 
west  on  a  plane  to  the  west  curb  line  of  Osage  avenue,  grade 
elevation  II5.8  feet,  thence  west  on  a  plane  to  the  east  curb  line 
of  Kentucky  avenue,  grade  elevation  I16.80  feet,  thence  level 
to  the  west  curb  line  of  Kentucky  avenue,  thence  west  on  a 
plane  to  the  east  curb  line  of  Moniteau  avenue,  grade  elevation 
115. 8  feet,  thence  west  on  a  plane  to  the  west  curb  line  of  Mon- 
iteau avenue,  grade  elevation  115.7  feet,  thence  west  on  a  plane 
to  the  east  curb  line  of  Vermont  avenue,  grade  elevation  II3.5 
feet,  thence  level  to  the  west  curb  line  of  Vermont  avenue, 
thence  west  on  a  plane  to  the  east  curb  line  of  Missouri  avenue, 
grade  elevation  107.8  feet;  thence  west  on  a  plane  to  the  west 
curb  line  of  Missouri  avenue,  grade  elevation  I07.3  feet,  thence 
west  on  a  plane  to  the  east  curb  line  of  Harrison  avenue,  grade 
elevation  97.7  feet,  thence  west  on  a  plane  to  the  west  curb 
line  of  Harrison  avenue,  grade  elevation  69.2  ^eet,  thence  west 
on  a  plane  to  the  east  curb  Hne  of  Grand  avenue,  grade  ele- 
vation 86.7  feet,  thence  west  on  a  plane  to  the  west  curb  line  of 
Grand  avenue,  grade  elevation  85.7  feet  thence  west  on  a 
plane  to  the  east  curb  line  of  Prospect  avenue,  grade  eleva- 
tion 78.4  feet,  thence  west  on  a  plane  to  the  west  curb  line  of 
Prospect  avenue,  grade  elevation  78  feet,  thence  west  on  a 
plane  to  the  east  curb  line  of  Quincy  avenue,  grade  elevation  74 
feet,  thence  west  on  a  plane  to  the  west  curb  line  of  Quincy 
avenue,  grade  elevation  73.4  feet,  thence  west  on  a  plane  to 
the  east  curb  line  of  Stewart  avenue,  grade  elevation   65.5  feet, 


194 


REVISED  ORDINANCES. 


thence  west  on  a  plane  to  the  west  curb  line  of  Stewart  avenue, 
s^radc  elevation  64.7  feet,  thence  west  on  a  plane  to  the  east 
curb  line  of  Park  avenue,  grade  elevation  58.2  feet,  thence 
west  on  a  plane  to  the  west  curb  line  of  Park  avenue,  grade  ele- 
vation 57.8  feet,  thence  west  on  a  plane  to  the  east  curb  line  of 
Sneed  avenue,  grade  elevation  55  feet,  thence  level  to  the  west 
curb  line  of  Sneed  avenue,  thence  west  on  a  plane  to  the  east 
curb  line  of  Carr  avenue,  grade  elevation  63.2  feet,  thence  west 
on  a  plane  to  the  west  curb  line  of  Carr  avenue,  grade  eleva- 
tion 63.8  feet,  thence  west  on  a  plane  to  the  east  curb  line  of 
Thompson,  avenue,  grade  elevation  71.5  feet,  thence  level  to 
the  we  t  curb  line  of  Thompson  avenue. 

Sec.  167.  The  grade  of  Ninth  street  between  New 'York 
avenue  and  Thompson  avenue  shall  be  as  follows,  to-wit: 
Commencing  at  the  east  curb  line  of  New  York  avenue,  grade 
elevation  92.7  feet,  thence  level  to  the  west  curb  line  of  New 
York  avenue,  thence  west  on  a  plane  to  the  east  curb  line  of 
Porter  street,  grade  elevation  82.2  feet,  thence  west  on  a  plane 
to  the  west  curb  line  of  Porter  street,  grade  elevation  81. 8  feet, 
thence  west  on  a  plane  150  feet  to  a  point,  grade  elevation  81 
feet,  thence  west  on  a  plane  to  the  east  curb  line  of  Center 
street,  grade  elevation  82  7  feet,  thence  west  on  a  plane  to  the 
west  curb  line  of  Center  street,  grade  elevation  83.3  feet,  thence 
west  on  a  plane  to  the  east  curb  line  of  Wagner  street,  grade 
elevation  93.7  feet,  thence  west  on  a  plane  to  the  west  curb  line 
of  Wagner  street,  grade  elevation  94.3  feet,  thence  west  on  a 
plane  to  the  east  curb  line  of  Engineer  street,  grade  elevation 
102  feet,  thence  level  to  the  west  curb  line  of  Engineer  street, 
thence  west  on  a  plane  to  the  east  curb  line  of  Summit  street, 
grade  elavation  96.3  feet,  thence  west  on  a  plane  to  the  west 
curb  line  of  Summit  street,  grade  elevation  95.7  feet,  thence 
west  on  a  plane  to  the  east  curb  line  of  Brown  street,  grade 
elevation  81.3  feet,  thence  level  to  the  west  curb  line  of  Brown 
street,  thence  west  on  a  plane  to  the  east  curb  line  of  Mont- 
gomery street,  grade  elevation  89.4  feet,  thence  west  on  a  plane 
to  the  west  curb  line  of  Montgomery  street,   grade  elev  .tion  90 


REVISED  ORDINANCES.  195 

feet,  thence  west  on  a  plane  to  the  east  curb  Hne  of  Marvin 
street,  grade  elevation  97  feet,  thence  level  to  the  west  curb 
line  of  Marvin  street,  thence  west  on  a  plane  to  the  east  curb 
line  of  Hancock  avenue,  grade  elevation  91.5  feet,  thence  level 
to  the  west  curb  line  of  Hancock  avenue,  thence  west  on  a  plane 
to  the  east  curb  line  of  Thompson  avenue,  grade  elevation  105. 2 
feet,  thence  west  on  a  plane  to  the  west  curb  line  of  Thompson 
avenue,  grade  elevation  105. 8  feet  thence  west  on  a  plane  to  the 
east  curb  line  of  Ingram  avenue,  grade  elevation  112. 8  feet, 
thence  west  on  a  plane  to  the  west  curb  line  of  Ingram  avenue, 
grade  elevation  II3.2  feet,  thence  west  on  a  plane  to  the  M.  K. 
&  T.  Ry.  Co,'s  right  of  way,  grade  elevation  121.5  feet,  and 
also  commencing  at  the  east  curb  line  of  Massachuetts  avenue, 
grade  elevation  126. 7  feet,  thence  level  to  the  west  curb  line  of 
Massachusetts  avenue,  thence  west  on  a  plane  to  the  east  curb 
line  of  Lamine  avenue,  grade  elevation  124  feet,  thence  level  to 
the  west  curb  line  of  Lamine  avenue,  thence  west  on  a  plane  to 
the  east  curb  line  of  Ohio  avenue,  grade  elevation  122  4  feet, 
thence  level  to  the  west  curb  line  of  Ohio  avenue,  thence  west 
on  a  plane  to  the  east  curb  line  of  Osage  avenue,  grade  eleva- 
tion 12  1. 3  feet,  thence  west  on  a  plane  to  the  west  curb  line  of~ 
Osage  avenue,  grade  elevation  120. 7  feet,  thence  west  on  a 
plane  to  the  east  curb  line  of  Kentucky  avenue,  grade  elevation  115 
feet,  thence  west  on  a  plane  to  the  west  curb  line  of  Kentucky 
avenue,  grade  elevation  II4.6  feet,  thence  west  on  a  plane  to 
the  east  curb  line  of  Moniteau  avenue,  grade  elevation  I09.3 
feet,  thence  level  to  the  west  curb  line  of  Moniteau  avenue, 
thence  west  level  155  feet,  thence  west  on  a  plane  to  the  east 
curb  line  of  Vermont  avenue,  grade  elevation  108. 7  feet,  thence 
level  to  the  west  curb  line  of  Vermont  avenue,  thence  west  on  a 
plane  to  the  east  curb  line  of  Missouri  avenue,  grade  elevation 
lOl  75  feet,  thence  level  to  the  west  curb  line  of  Missouri 
avenue,  thence  west  on  a  plane  150  feet  to  a  point,  grade  eleva- 
tion 96.2  feet,  thence  west  on  a  plane  to  the  east  curb  line  of 
Harrison  avenue,  grade  elevation  95.2  feet,  thence  level  to  the 
A^est  curb  line  of  Harrison  avenue,   thence  west  on   a   plane   150 


196  REVISED  ORDINANCES. 

feet  to  a  point,  grade  elevation  93.5  feet,  thence  west  on  a 
plane  to  the  east  curb  line  of  Grand  avenue,  grade  elevation 
88  feet,  thence  level  to  the  west  curb  line  of  Grand  avenue, 
thence  west  on  a  plane  to  the  east  curb  line  of  Prospect  avenue, 
grade  elevation  77.3  feet,  thence  west  on  a  plane  to  the  west 
curb  line  of  Prospect  avenue,  grade  elevation  'J^.'J  feet,  thence 
west  on  a  plane  to  the  east  curb  line  of  Quincy  avenue,  grade 
elevation  68.3  feet,  thence  west  on  a  plane  to  the  west  curb  line 
of  Quincy  avenue,  grade  elevation  67.7  feet,  thence  west  on  a 
plane  to  the  east  curb  line  of  Stewart  avenue,  grade  elevation 
62.3  feet,  thence  west  on  a  plane  to  the  west  curb  line  of 
Stewart  avenue,  grade  elevation  61. 7  feet,  thence  west  on  a 
plane  to  the  east  curb  line  of  Park  avenue,  grade  elevation  58 
•feet,  thence  level  to  the  west  curb  line  of  Park  avenue,  thence 
west  on  a  plane  to  the  east  curb  line  of  Sneed  avenue,  grade 
elevation  59.6  feet,  thence  west  on  a  plane  to  the  west  curb  line 
of  Sneed  avenue,  grade  elevation  60  feet,  thence  west  on  a 
plane  to  the  east  curb  line  of  Carr  avenue,  grade  elevation  69  3 
feet,  thence  west  on  a  plane  tc  the  west  curb  line  of  Carr  avenue, 
grade  elevation  69.7  feet,  thence  west  on  a  plane  to  the  east 
curb  line  of  Thompson  avenue,  grade  elevation  Jd  feet,  thence 
level  to  the  west  curb  line  of  Thompson  avenue. 

Sec.  168.  The  grade  of  Tenth  street  between  New  York 
avenue  and  Thompson  avenue  shall  be  as  follows,  to-wit : 
Commencing  at  the  east  curb  line  of  New  York  avenue,  grade 
elevation  85  feet,  thence  west  on  a  plane  to  the  west  curb  line 
of  New  Yovk  avenue,  grade  elevation  84.6  feet,  thence  west  on 
a  plane  to  the  east  curb  line  of  Porter  street,  grade  elevation  'j'j 
feet,  thence  level  to  the  west  curb  line  of  Porter  street,  thence 
west  on  a  plane  to  the  east  curb  line  of  Center  street,  grade  ele- 
vation 82.7  feet,  thence  west  on  a  plane  to  the  west  curb  line  of 
Center  street,  grade  elevation  83.3  feet,  thence  west  on  a  plane 
to  the  east  curb  line  of  Wagner  street,  grade  elevation  93.8 
feet,  thence  west  on  a  plane  to  the  west  curb  line  of  Wagner 
street,  grade  elevation  94.2  feet,  thence  west  on  a  plane  I40 
feet  to  a  point,  grade  elevation  97.2  feet,  thence  west  on  a  plane 


REVISED  ORDINANCES.  197 

to  the  east  curb  line  of  Engineer  street,  grade  elevation 
99  feet,  thence  level  to  the  west  curb  line  of  Engineer  street, 
thence  west  on  a  plane  to  the  east  curb  line  of  Summit  street, 
grade  elevation  91. 8  feet,  thence  west  on  a  plane  to  the  west 
curb  line  of  Summit  street,  grade  elevation  91. 4  feet,  thence 
west  on  a  plane  to  the  east  curb  line  of  Brown  street,  grade  ele- 
vation 81  feet,  thence  level  to  the  west  curb  line  of  Brown  street, 
thence  west  on  a  plane  to  the  east  curb  line  of  Montgomery 
street,  grade  elevation  87.2  feet,  thence  west  on  a  plane  to  the 
west  curb  line  of  Montgomery  street,  grade  elevation  87.6  feet, 
thence  west  on  a  plane  to  the  east  curb  line  of  Marvin  street, 
grade  elevation  89.5  feet,  thence  level  to  the  west  curb  line  of 
Marvin  street,  thence  west  on  a  plane  to  the  east  curb  line  of 
Hancock  street,  grade  elevation  92.20  feet,  thence  west  on  a 
plane  to  the  west  curb  line  of  Hancock  street,  grade  elevation 
93.6  feet,  thence  west  on  a  plane  to  the  east  curb  line  of 
Thompson  avenue,  grade  elevation  II0.4  feet,  thence  west  on  a 
plane  to  the  west  curb  line  of  Thompson  avenue,  grade  eleva- 
tion III  feet,  thence  west  on  a  plane  to  the  east  curb  line  of  In- 
gram avenue,  grade  elevation  II7  feet,  thence  level  to  the  west 
curb  line  of  Ingram  avenue,  thence  west  on  a  plane  to  the  east 
curb  line  of  Lafayette  avenue,  grade  elevation  119. 8  feet,  thence 
west  on  a  plane  to  the  west  curb  line  of  Lafayette  avenue,  grade 
elevation  120. 2  feet,  thence  west  on  a  plane  to  the  M.,  K.  &  T. 
Ry.  tracks,  grade  elevation  122.80  feet,  thence  west  to  the  S., 
W.  &  S.  Ry.  tracks,  grade  elevation  123  feet,  thence  west  level 
to  the  west  curb  line  of  Washington  avenue,  thence  west  on  a 
plane  145  feet  to  a  point,  grade  elevation  123. 8  feet,  thence 
west  on  a  plane  to  the  east  curb  line  of  Massachusetts  avenue, 
grade  elevation  123.10  feet,  thence  level  to  the  west  curb  line 
of  Massachusetts  avenue,  thence  west  on  a  plane  to  the  east 
curb  line  of  Lamine  avenue,  grade  elevation  121.6  feet,  thence 
level  to  the  west  curb  line  of  Lamine  avenue,  thence  west  on 
a  plane  to  the  east  curb  line  of  Ohio  avenue,  grade  elevation 
119. 1  feet;  thence  level  to  the  west  curb  line  of  Ohio  avenue, 
thence   west  on    a    plane  to  the  east  curb  line  of  Osage  avenue, 


198  REVISED  ORDINANCES. 

grade  elevation  I14.7  feet;  thence  level  to  the  west  curb  line  of 
Osage  avenue,  thence  west  on  a  plane  to  the  east  curb  line  of 
Kentucky  avenue,  grade  elevation  IIO  feet,  thence  level  to  the 
west  curb  line  of  Kentucky  avenue,  thence  west  on  a  plain 
to  the  east  curb  line  of  Moniteau  avenue,  grade  elevation  102.3 
feet,  thence  level  to  the  west  curb  line  of  Moniteau  avenue, 
thence  west  on  a  plane  to  the  east  curb  line  of  Vermont  avenue, 
grade  elevation  103  feet,  thence  level  to  the  west  curb  line  of 
Vermont  avenue,  thence  west  on  a  plane  to  the  east  curb  line  of 
Missouri  avende,  grade  elevation  95.1 5  feet;  thence  west  on  a 
plane  to  the  west  curb  line  of  Missouri  avenue,  grade  elevation 
94.75  feet,  thence  west  on  a  plane  to  the  east  curb  line  of  Har- 
rison avenue,  grade  elevation  85.8  feet,  thence  west  on  a  plane  to 
the  west  curb  line  of  Harrison  avenue,  grade  elevation  85.4 
feet,  thence  west  on  a  plane  to  the  east  curb  line  of  Grand 
avenue,  grade  elevation  83.8  feet;  thence  level  to  the  west  curb 
line  of  Grand  avenue,  thence  west  on  a  plane  to  the  east  curb 
line  of  Prospect  avenue,  grade  elevation  80.3  feet;  thence  west 
on  a  plane  to  the  west  curb  line  of  Prospect  avenue,  grade  ele- 
vation 79.7  feet;  thence  west  on  a  plane  to  the  east  curb  line  of 
Quincy  avenue,  grade  elevation  71.4  feet,  thence  west  on  a 
plane  to  the  west  curb  line  of  Quincy  avenue,  grade  elevation 
70.6  feet,  thence  west  on  a  plane  to  the  east  curb  line  of  Stewart 
avenue,  grade  elevation  62.2  feet,  thence  west  on  a  plane  to  the 
west  curb  line  of  Stewart  avenue,  grade  elevation  61.8  feet, 
thence  west  on  a  plane  to  the  east  curb  line  of  Park  avenue, 
grade  elevation  60  feet,  thence  level  to  the  vrest  curb  line  of 
Park  avenue,  thence  west  on  a  plane  to  the  east  curb  line  of 
Sneed  avenue,  grade  elevation  66  feet,  thence  west  on  a  plane 
to  the  west  curb  line  of  Sneed  avenue,  grade  elevation  66  4 
feet,  thence  west  on  a  plane  to  the  east  curb  line  of  Carr  ave- 
nue, grade  elevation  74.2  feet,  thence  west  on  a  plane  to  the 
west  curb  line  of  Carr  avenue,  grade  elevation  74.8  feet,  thence 
west  on  a  plane  to  the  east  curb  line  of  Thompson  avenue, 
grade  elevation  78,4  feet,  thence  level  to  the  west  curb  line  of 
Thompson  avenue. 


REVISED  ORDINANCES.  199 

Sec.  169.  The  grade  of  Eleventh  street  between  New 
York  avenue  and  Thompson  avenue  shall  be  as  follows,  to-wit: 
Commencing  at  the  east  curb  line  of  New  York  avenue,  grade 
elevation  JJ  feet,  thence  level  to  the  west  curb  line  of  Porter 
street,  thence  west  on  a  plane  to  the  east  curb  line  of  Center 
street,  grade  elevation  85.6  feet;  thence  west  on  a  plane  to  the 
west  curb  line  of  Center  street,  grade  elevation  86  feet,  thence 
west  on  a  plane  155  feet,  to  a  point,  grade  elevation  91.5  feet, 
thence  west  on  a  plane  to  the  east  curb  line  of  Wagner  street, 
grade  elevation  93.8  feet  thence  level  to  the  west  curb  line  of 
Wagner  street,  thence  west  on  a  plane  to  the  east  curb  line  of 
Engineer  street,  grade  elevation  87.2  feet,  thence  west  on  a 
plane  to  the  west  curb  line  of  Engineer  street,  grade  elevation 
88.8  feet,  thence  west  on  a  plane  to  the  east  curb  line  of  Sum- 
mit street,  grade  elevation  83.1  feet,  thence  west  on  a  plane  to 
the  west  curb  line  of  Summit  street,  grade  elevation  82.7  feet, 
thence  west  on  a  plane  to  the  east  curb  line  of  Brown  street, 
grade  elevation  78  feet,  thence  level  to  the  west  curb  line  of 
Brown  street  thence  west  on  a  plane  to  the  east  curb  line  of 
Montgomery  street,  grade  elevation  80.4  feet,  thence  west  on 
a  plane  to  the  west  curb  line  of  Montgomery  street,  grade 
elevation  80.6  feet,  thence  west  on  a  plane  to  the  east  curb  line 
of  Marvin  street,  grade  elevation  83.3  feet,  thence  west  on  a 
plane  to  the  east  curb  line  of  Hancock  avenue,  grade  elevation 
96.3  feet,  thence  west  on  a  plane  to  the  west  curb  line  of  Han- 
cock avenue,  grade  elevation  96.9  feet,  thence  west  on  a  plane 
to  the  east  curb  line  of  Thompson  avenue,  grade  elevation  109.20 
feet,  thence  west  on  a  plane  to  the  west  curb  line  of  Thompson 
avenue,  grade  elevation  109.6  feet,  thence  west  on  a  plane  to 
the  east  curb  line  of  Ingram  avenue,  grade  elevation  115  feet, 
thence  level  to  the  west  curb  line  of  Ingram  avenue,  thence 
west  on  a  plane  to  the  east  curb  line  of  Lafayette  avenue,  grade 
elevation  116.6  feet,  thence  west  on  a  plane  to  the  west  curb 
line  of  Lafayette  avenue,  grade  elevation  117  feet,  thence  west 
on  a  plane  to  the  east  right  of  way  of  the  M,  K.  &  T.  Ry.  land, 
grade  elevation  120.4  ^^et,  and  also  commencing  at  the  right  of 


200  REVISED  ORDINANCES. 

way  of  the  S.  W.  &  S  Ry,,  grade  elevation  121.  i  feet,  thence 
level  to  the  west  curb  line  of  Massachusetts  avenue,  thence 
west  on  a  plane  to  the  east  curb  line  of  Lamine  avenue,  grade 
elevation  116.7  feet,  thence  west  on  a  plane  to  the  west  curb 
line  of  Lamine  avenue,  grade  elevation  116.3  feet,  thence  west 
on  a  plane  to  the  east  curb  line  of  Ohio  avenue,  grade  eleva- 
tion 1 13.2  feet,  thence  west  on  a  plane  to  the  west  curb  line  of 
Ohio  avenue,  grade  elevation  112.6  feet,  thence  west  on  a  plane 
125  feet  to  a  point,  grade  elevation  108  feet,  thence  west  on  a 
plane  to  the  east  curb  line  of  Osage  avenue,  grade  elevation 
105.8  feet,  thence  level  to  the  west  curb  line  of  Osage  avenue, 
thence  west  on  a  plane  to  the  east  curb  line  of  Kentucky 
avenue,  grade  elevation  101.7  feet;  thence  level  to  the  west 
curb  line  of  Kentucky  avenue,  thence  west  on  a  plane  to  the 
east  curb  line  of  Moniteau  avenue,  grade  elevation  95  feet, 
thence  level  to  the  west  curb  line  of  Vermont  avenue,  thence 
west  on  a  plane  to  the  east  curb  line  of  Missouri  avenue,  grade 
elevation  89  feet,  thence  level  to  the  west  curb  line  of  Missouri 
avenue,  thence  west  on  a  plane  to  the  east  curb  line  of  Har- 
rison avenue,  grade  elevation  79.2  feet,  thence  west  on  a  plane 
to  the  west  curb  line  of  Harrison  avenue,  grade  elevation  78.8 
feet,  thence  west  on  a  plane  to  the  east  curb  line  of  Grand 
avenue,  grade  elevation  76.2  feet;  thence  level  to  the  west  curb 
line  of  Grand  avenue,  thence  west  on  a  plane  to  the  east  curb  line 
of  Prospect  avenue,  grade  elevation  72  feet,  thence  west  on  a 
plane  to  the  west  curb  line  of  Prospect  avenue,  grade  elevation 
71.4  feet,  thence  west  on  a  plane  to  the  east  curb  line  of 
Quincy  avenue,  grade  elevation  67.2  feet,  thence  west  on  a 
plane  to  the  west  curb  line  of  Quincy  avenue,  grade  elevation 
66.8  feet,  thence  west  on  a  plane  to  the  east  curb  line  of 
Stewart  avenue,  grade  elevation  63.5  feet,  thence  level  to  the 
west  curb  line  of  Stewart  avenue,  thence  west  on  a  plane  to  the 
east  curb  line  of  Park  avenue,  grade  elevation  62  feet,  thence 
level  to  the  west  curb  line  of  Park  avenue,  thence  west  on  a 
plane  to  the  east  curb  line  of  Sneed  avenue,  grade  elevation  72.8 
feet,   thence  west   on    a   plane   to   the   west  curb  line  of    Sneed 


REVISED  ORDINANCES.  20I 

avenue,  grade  elevation  73.2  feet,  thence  west  on  a  plane  to  the 
east  curb  line  of  Carr  avenue,  grade  elevation  79.3  feet, 
thence  west  on  a  plane  to  the  west  curb  line  of  Carr  avenue, 
grade  elevation  79.7  feet,  thence  west  on  a  plane  150  feet  to  a 
point,  grade  elevation  80.6  feet,  thence  level  to  the  west  curb 
line  of  Thompson  avenue. 

Sec.  170.  The  grade  of  Twelfth  street,  between  New 
York  avenue  and  Washington  avenue,  shall  be  as  follow-,  to-wit : 
Commencing  at  the  east  curb  line  of  New  York  avenue,  grade 
elevation  73  feet,  thence  level  to  the  west  curb  line  of  New 
York  avenue,  thence  west  on  a  plane  to  the  east  curb  line  of 
Porter  street,  grade  elevation  76.8  feet,  thence  west  on  a  plane 
to  the  west  curb  line  of  Porter  street,  grade  elevation  77.2  feet, 
thence  west  on  a  plane  to  the  east  curb  line  of  Center  street, 
grade  elevation  85.8  feet,  thence  west  on  a  plane  to  the  west 
curb  line  of  Center  street,  grade  elevation  86.2  feet,  thence 
west  on  a  plane  160  feet  to  a  point,  grade  elevation  90.2  feet, 
thence  level  to  the  east  curb  line  of  Wagner  street,  thence  west 
on  a  plane  to  the  west  curb  line  of  Wagner  street,  grade  eleva- 
tion 89.8  feet,  thence  west  on  a  plane  to  the  east  curb  line  of 
Engineer  street,  grade  elevation  84.4  feet,  thence  west  on  a 
plane  to  the  west  curb  line  of  Engineer  street,  grade  elevation 
84  feet,  thence  west  on  a  plane  to  the  east  curb  line  of  Summit 
street,  grade  elevation  78.8  feet,  thence  west  on  a  plane  to  the 
west  curb  line  of  Summit  street,  grade  elevation  78.4  feet, 
thence  west  on  a  plane  to  the  east  curb  line  of  Brown  street, 
grade  elevation  75.6  feet,  thence  level  to  the  west  curb  line  of 
Brown  street,  thence  west  on  a  plane  to  the  east  curb  line  of 
Montgomery  street,  grade  elevation  78.7  feet,  thence  west  on  a 
plane  to  the  west  curb  line  of  Montgomery  street,  grade  eleva- 
tion 79.3  feet,  thence  west  on  a  plane  to  the  east  curb  lin  of 
Marvin  street,  grade  elevation  86.7  feet,  thence  west  on  a  plane 
to  the  west  curb  line  of  Marvin  street,  grade  elevation  87.3  feet, 
thence  west  on  a  plane  to  the  east  curb  line  of  Hancock  avenue, 
grade  elevation  99  7  feet,  thence  west  on  a  plane  to  the  we-t 
curb  line  of   Hancock  avenue,  grade   elevation    100    feet,  thence 


202  REVISED  ORDINANCES. 

west  on  a  plane  245  feet  to  a  point,  grade  elevation  107  feet, 
thence  west  on  a  plane  to  the  east  curb  line  of  Thomson  ave- 
nue, grade  elevation  1 1  i  feet,  thence  west  on  a  plane  to  the 
west  curb  line  of  Thomson  avenue,  grade  elevation  111.4  feet, 
thence  west  on  a  plane  to  the  east  curb  line  of  Ingram  avenue, 
grade  elevation  112.4  feet,  thence  level  to  the  west  curb  line  of 
Ingram  avenue,  thence  west  on  a  plane  to  the  east  curb  line  of 
Lafayette  avenue,  grade  elevation  II4.6  feet,  thence  west  on  a 
plane  to  the  west  curb  line  of  Lafayette  avenue,  grade  elevation 
115  feet,  thence  west  on  a  plane  to  the  east  curb  line  of  Wash- 
ingtion  avenue,  grade  elevation  120  feet,  thence  level  to  the 
west  curb  line  of  Washington  avenue. 

Sec.  171.  The  grade  of  Thirteenth  street,  between  Wag- 
ner street  and  Grand  avenue,  shall  be  as  follows,  to-wit :  Com- 
mencing at  the  east  curb  line  of  Wagner  street,  grade  eleva- 
tion 83.4  feet,  thence  west  on  a  plane  to  the  west  curb  line  of 
Wagner  street,  grade  elevation  83.2  feet,  thence  west  on  a 
plane  to  the  east  curb  line  of  Engineer  street,  grade  elevation 
76.4  feet,  thence  west  on  a  plane  to  the  west  curb  line  of  Engi- 
neer street,  grade  elevation  y6  feet,  thence  west  on  a  plane  to 
the  east  curb  line  of  Summit  street,  grade  elevation  ^2  feet, 
thence  level  to  the  west  curb  line  of  Summit  street,  thence  west 
on  a  plane  to  the  east  curb  line  of  Brown  street,  grade  elevation 
yy .^  feet,  thence  west  on  a  plane  to  the  west  curb  line  of  Brown 
street,  grade  elevation  7 7. J  feet,  thence  west  on  a  plane  to  the 
east  curb  line  of  Montgomery  street,  grade  elevation  85.20  feet, 
thence  west  on  a  plane  to  the  west  curb  line  of  Montgomery 
street,  grade  elevation  85.6  feet,  thence  west  on  a  plane  to  the 
east  curb  line  of  Marvin  street,  grade  elevation  93.7  feet,  thence 
west  on  a  plane  to  the  west  curb  line  of  Marvin  street,  grade 
elevation  94.3  feet,  thence  west  on  a  plane  to  the  east  curb  line 
of  Hancock  avenue,  grade  elevation  103  feet,  thence  west  on 
a  plane  to  the  west  curb  line  of  Hancock  avenue,  grade  eleva- 
tion 103.6  feet,  thence  west  on  a  plane  180  feet  to  a  point, 
grade  elevation  108.7  feet,  thence  west  on  a  plane  40  feet  to  a 
point,  grade   elevation    109. 3    feet,    thence   west  on  a  plane  150 


REVISED    ORDINANCES.  203 

feet  to  a  point,  grade  elevation  1 13  feet,  thence  level  to  the  east 
curb  line  of  Thomson  avenue,  thence  west  on  a  plane  to  the 
west  curb  line  of  Thomson  avenue  grade  elevation  112.4  feet, 
thence  west  on  a  plane  to  the  east  curb  line  of  Ingram  avenue, 
grade  elevation  107.2  feet,  thence  level  to  the  west  curb  line  of 
Ingram  avenue,  thence  west  on  a  plane  to  the  east  curb  line  of 
Lafayette  avenue,  grade  elevation  112.1  feet,  thence  west  on  a 
plane  to  the  west  curb  line  of  Lafayette  avenue,  grade  elevation 
1 12.50  feet,  thence  west  on  a  plane  to  the  east  curb  line  of 
Washington  avenue,  grade  elevation  117.5  feet,  thence  level  to 
the  S.,  W.  &  S.  Ry.  tracks,  thence  west  on  a  plane  to  the  M., 
K.  &  T.  Ry.  tracks,  grade  elevation  117.4  feet,  thence  west  on 
a  plane  to  the  east  curb  line  of  Lamine  avenue,  grade  elevation 
1 16.3  feet,  thence  west  on  a  plane  to  the  west  curb  line  of  La- 
mine  avenue,  grade  elevation  116.1  feet,  thence  west  on  a  plane 
to  the  east  curb  line  of  Ohio  avenue,  grade  elevation  115  feet, 
thence  level  to  the  west  curb  line  of  Ohio  avenue,  thence  west 
on  a  plane  to  the  east  curb  line  of  Osage  avenue,  grade  eleva- 
tion 1 10.8  feet,  thence  west  on  a  plane  to  the  west  curb  line  of 
Osage  avenue,  grade  elevation  110.2  feet,  thence  west  on  a 
plane  to  the  east  curb  line  of  Kentucky  avenue,  grade  elevation 
103  feet,  thence  west  on  a  plane  to  the  west  curb  line  of  Ken- 
tucky avenue,  grade  elevation  102. 4  feet,  thence  west  on  a  plane 
to  the  east  curb  line  of  Moniteau  avenue,  grade  elevation  92.9 
feet,  thence  level  to  the  west  curb  line  of  Moniteau  avenue, 
and  also  commencing  at  a  point  140  feet  east  of  the  east  line  of 
Missouri  avenue,  grade  elevation  83.5  feet,  thence  west  on  a 
plane  to  the  east  curb  line  of  Missouri  avenue,  grade  elevation 
82.5  feet,  thence  level  to  the  west  curb  line  of  Missouri  avenue, 
thence  west  on  a  plane  to  the  east  curb  line  of  Harrison  avenue, 
grade  elevation  77.5  feet,  thence  level  to  the  west  curb  line  of 
Harrison  avenue,  thence  west  on  a  plane  to  the  east  curb  line 
of  Grand  avenue,  grade  elevation  75.60  feet,  thence  level  to  the 
west  curb  line   of   Grand  avenue. 

Sec.  172.     The    grade    of     Fourteenth     street,    between 
Engineer  street  and  Grand  avenue,  shall  be   as   follows,  to-wit : 


204  REN'ISED    ORDINANCES. 

Commencing  at  the  east  line  of  Engineer  street,  grade  eleva- 
tion 68.9  feet,  thence  level  to  the  west  curb  line  of  Engineer 
.street,  then:e  west  on  a  plane  to  the  east  curb  line  of  Summit 
street,  grade  elevation  70.7  feet;  thence  west  on  a  plane  to 
the  west  curb  line  of  Summit  street,  grade  elevation  7  i  .3  feet, 
thence  west  on  a  plane  to  the  east  curb  line  of  Brown  street, 
grade  elevation  81  feet,  thence  west  on  a  plane  to  the  west  curb 
line  of  Brown  street,  grade  elevation  81.6  feet,  thence  west  on 
a  plane  to  the  east  curb  line  of  Montgomery  street,  grade  ele- 
vation 93.2  feet,  thence  west  on  a  plane  to  the  west  curb  line  of 
Montgomery  street,  grade  elevation  92.8  feet,  thence 
west  on  a  plane  to  the  east  curb  line  of  Marvin  street, 
grade  elevation  99.3  feet,  thence  west  on  a  plane  to  the  west 
curb  line  of  Marvin  street,  grade  elevation  99.7  feet,  thence  west 
on  a  plane  to  the  east  curb  line  of  Hancock  avenue  grade 
elevation  107.6  feet,  thence  west  on  a  plane  to  the  west  curb 
line  of  Hancock  avenue,  grade  elevation  108.2  feet,  thence 
west  on  a  plane  285  feet  to  a  point,  grade  elevation  1 12.8  feet, 
thence  west   on   a    plane  40    feet   to    a    point,    grade   elevation 

1 13.2  feet,  thence  west  level  150  feet,  thence  west  on  a  plane 
to   the    east  curb    line    of     Thomson    avenue,    grade    elevation 

1 10.3  feet,  thence  west  on  a  plane  to  the  west  curb  line  of 
Thomson  avenue,  grade  elevation  109.7  feet,  thence  west  on  a 
plane  to  the  east  curb  line  of  Ingram  avenue,  grade  elevation 
103  feet,  thence  level  to  the  west  curb  line  of  Ingram  avenue, 
thence  west  on  a  plane  to  the  east  curb  line  of  Lafayette  ave- 
nue, grade  elevation  109.5  feet,  thence  west  on  a  plane  to  the 
west  curb  line  of  Lafayette  avenue,  grade  elevation  iio.i  feet, 
thence  west  on  a  plane  to  the  east  curb  line  of  Washington 
avenue,  grade  elevation  11 5.2  feet,  thence  level  to  the  west 
curb  line  of  Washington  avenue,  thence  west  on  a  plane  to 
the  S.,  W.  &  S.  Ry.  tracks,  grade  elevation  114.3  feet,  thence 
west  on  a  plane  to  the  M.,  K.  &  T.  Ry.  tracks,  grade  elevation 
1 15.3  feet,  thence  west  on  a  plane  to  the  east  curb  Hne  of 
Lamine  avenue,  grade  elevation  11 1.8  feet,  thence  level  to  the 
west  curb  line  of  Ohio  avenue,  thence  west  on  a  plane  to  the 


REVISED    ORDINANCES.  205 

east  curb  line  of  Osage  avenue,  grade  elevation  109  feet, 
thence  west  on  a  plane  to  the  west  curb  line  of  Osage  avenue, 
grade  elevation  108.4  f^^t,  thence  west  on  a  plane  to  the  east 
curb  line  of  Kentucky  avenue,  grade  elevation  100  feet,  thence 
level  to  the  west  curb  line  of  Kentucky  avenue,  thence  west  135 
feet  to  a  point,  grade  elevation  98.6  feet,  thence  west  level  to 
the  west  curb  line  of  Moniteau  avenue,  and  also  commencing  at 
the  east  curb  line  of  Moniteau  avenue,  grade  elevation  94.60 
feet,  thence  level  to  the  west  curb  line  of  Vermont  avenue,  thence 
west  on  a  plane  to  the  east  curb  line  of  Missouri  avenue,  grade 
elevation  92  feet,  thence  level  to  the  west  curb  line  of  Mis- 
souri avenue,  thence  west  on  a  plane  to  the  east  curb  line  of 
Harrison  avenue,  grade  elevation  90  feet,  thence  level  to  the 
west  curb  line  of  Harrison  avenue,  thence  west  on  a  plane  to  the 
east  curb  line  of  Grand  avenue,  grade  elevation  82  feet; 
thence  level  to  the  west  curb  line  of   Grand  avenue. 

Sec.  173.  That  the  grade  of  Fifteenth  street,  between 
Engineer  street  and  Grand  avenue,  shall  be  as  follows,  to-wit : 
Commencing  at  the  east  curb  line  of  Engineer  street,  grade  ele- 
vation 66.8  feet;  thence  west  on  a  plane  to  the  west  curb  line 
of  Engineer  street,  grade  elevation  67.2  feet,  thence  west  on  a 
plane  to  the  east  curb  line  of  Summit  street,  grade  elevation 
JG."]  feet,  thence  west  on  a  plane  to  the  west  curb  line  of  Sum- 
mit street,  grade  elevation  77.3  feet,  thence  west  on  a  plane 
to  the  east  curb  line  of  Brown  street,  grade  elevation  87.3  feet, 
thence  west  on  a  plane  to  the  west  curb  line  of  Brown  street, 
grade  elevation  87.7  feet,  therce  west  on  a  plane  to  the  east 
curb  line  of  Montgomery  street,  grade  elevation  97.6  feet, 
thence  west  on  a  plane  to  the  west  curb  line  of  Montgomery 
street,  grade  elevation  98.4  feet,  thence  west  on  a  plane  to  the 
east  curb  line  of  Marvin  street,  grade  elevation  104.9  feet, 
thence  west  on  a  plane  to  the  west  curb  line  of  Marvin  street, 
grade  elevation  105.  i  feet,  thence  west  on  a  plane  to  the  east 
curb  line  of  Hancock  avenue,  grade  elevation  106.7  ^^et,  thence 
west  on  a  plane  to  the  west  curb  line  of  Hmcock  avenue,  grade 
elevation  106.9  feet,  thence  west  on  a  plane  290  feet  to  a  point, 


206  REVISED    ORDINANCES, 

grade  elevation  109.8  feet,  thence  west  40  feet  to  a  point,  grade 
elevation  1 10.2  feet,  thence  west  on  a  plane  150  feet  to  a  point, 
grade  elevation  111.8  feet,  thence  west  level  to  the  east  curb 
line  of  Thompson  avenue,  thence  west  on  a  plane  to  the  west 
curb  line  of  Thompson  avenue,  grade  elevation  11 1.2  feet, 
thence  west  on  a  plane  to  the  east  curb  line  of  Ingram  avenue, 
grade  elevation  10 1.5  feet,  thence  level  to  the  west  curb  line  of 
Ingram  avenue,  thence  west  on  a  plane  to  the  east  curb  line  of 
Lafayette  avenue,  grade  elevation  103.8  feet,  thence  west  on  a 
plane  to  the  w,est  curb  line  of  Lafayette  avenue,  grade  elevation 
104.2  feet,  thence  west  on  a  plane  to  the  east  curb  line  of  Wash- 
ington avenue,  grade  elevation  1 10.4  feet,  thence  level  to  the 
west  curb  line  of  Washington  avenue,  thence  west  on  a  plane  to 
the  S.  W.  &  S.  Ry.  tracks,  grade  elevation  108.8  feet,  thence 
west  on  a  plane  160  feet  to  a  point,  grade  elevation  104.5  f^^et, 
thence  west  on  a  plane  to  the  east  curb  line  of  Lamine  avenue, 
grade  elevation  105. 5  feet,  thence  level  to  the  west  curb  line  of 
Lamine  avenue,  thence  west  on  a  plane  to  the  M.  K.  &  T.  Ry. 
tracks,  grade  elevation  112  feet,  thence  west  on  a  plane  to  the 
east  curb  line  of  Ohio  avenue,  grade  elevation  109.5  feet,  thence 
level  to  the  west  curb  line  of  Ohio  avenue,  thence  west  on  a 
plane  to  the  east  curb  line  of  Osage  avenue,  grade  elevation 
1 1 1.8  feet,  thence  level  to  the  west  curb  line  of  Osage  avenue, 
thence  west  on  a  plane  to  the  east  curb  line  of  Kentucky  avenue, 
grade  elevation  107  feet,  thence  level  to  the  west  curb  line  of 
Kentucky  avenue,  thence  west  on  a  plane  to  the  east  curb  line 
of  Moniteau  avenue,  grade  elevation  108.8  feet,  thence  level  to 
the  west  curb  line  of  Moniteau  avenue,  and  also  commencing  at 
the  west  curb  line  of  Moniteau  avenue,  grade  elevation  104  feet, 
thence  west  on  a  plane  to  the  east  curb  line  of  Vermont  avenue, 
grade  elevation  106  feet,  thence  level  to  the  west  curb  line  of 
Vermont  avenue,  thence  west  on  a  plane  to  the  east  curb  line  of 
Missouri  avenue,  grade  elevation  101.8  feet,  thence  level  to  the 
west  curb  line  of  Missouri  avenue,  thence  west  on  a  plane  to 
the  east  curb  line  of  Harrison  avenue,  grade  elevation  94.3 
feet,  thence  west  on  a  plane  to    the   west   curb   line  of   Harrison 


REVISED  ORDINANCES.  20/ 

avenue,  grade  elevation  93.7  feet,  thence  w^est  on  a  plane  to  the 
east  curb  line  of  Grand  avenue,  grade  elevation  82  feet,  thence 
level  to  the  west  curb  line  of  Grand  avenue. 

Sec.  174.  The  grade  of  Magnolia  avenue  between  Moni- 
teau avenue  and  Grand  avenue  shall  be  as  follows,  to-wit: 
Commencing  at  the  east  curb  line  of  Moniteau  avenue,  grade 
elevation  113  feet,  thence  west  level  145  feet,  thence  west  on  a 
plane  to  the  east  curb  line  of  Vermont  avenue,  grade  elevation 
1 12.3  feet,  thence  west  on  a  a  plane  to  the  west  curb  line  of 
Vermont  avenue  grade  elevation  11 1.7  feet,  thence  west  on  a 
plane  to  the  east  curb  line  Missouri  avenue,  grade  elevation 
104.3  feet,  thence  west  on  a  plane  to  the  west  curb  line  of 
Missouri  avenue,  grade  elevation  I03.7  feet,  thence  west  on  a 
plane  to    the  east  curb  line  of  Harrison  avenue,  grade  elevation 

92.8  feet,  thence  west  on  a  plane  to  the  west  curb  line  of  Har- 
rison avenue,  grade  elevation  92.8  feet,  thence  west  on  a  plane 
to  the  west  curb  line  of  Harrison  avenue,  grade  elevation  92.2 
feet,  thence  west  on  a  plane  to  the  east  curb  line  of  Grand 
avenue,  grade  elevation  85.7  feet,  thence  level  to  the  west 
curb  line  of  Grand  avenue. 

Sec.  175.  The  grade  of  Sixteenth  street  between  eastern 
and  western  city  limits  shall  be  as  follows,  to-wit:  Commenc- 
ing at  the  eastern  limits,  grade  elevation  90  feet,  thence  west  on 
a  plane  225  feet  to  a  point,  grade  elevation  92  feet,  thence  west 
225  feet  level,  thence  west  on  a  plane  400  feet  to  a  point,  grade 
elevation  79.8  feet,  thence  west  on  a  plane  40  feet  to  a  point, 
grade  elevation  79  feet,  thence  west  on  a  plane  to  the  east  curb 
line  of  New  York  avenue,  grade  elevation  63.5  feet,  thence 
west  level  1090  feet,  thence  west  on  a  plane  to  the  east  curb 
line  of  Engineer  street,  grade  elevation  71.5  feet,  thence  west  on 
a  plane  to  the  west  curb  line  of  Engineer  street,  grade   elevation 

71.9  feet,  thence  west  on  a  plane  to  the  east  curb  line  of  Sum- 
mit street,  grade  elevation  82.8  feet,  thence  west  on  a  plane  to 
the  west  curb  line  of  Summit  street,  grade  elevation  83.2  feet, 
thence  west  on  a  plane  to  the  east  curb  line  of  Brown  street, 
grade  elevation  93  feet,  thence  west  on  a  plane  to  the  west  curb 


2o8  REVISED  ORDINANCES. 

line  of  Brown  street,  grade  elevation  93.4  feet,  thence  west  on  a 
plane  to  the  east  curb  line  of  Montgomery  street,  grade  eleva- 
tion 96.5  feet,  thence  west  on  a  plane  to  the  west  curb  line  of 
Montgomery  street,  grade  elevation  96.9  feet,  thence  west  on  a 
plane  to  the  east  curb  line  of  Marvin  street,  grade  elevation  99 
feet,  thence  level  to  the  west  curb  line  of  Marvin  street,  thence 
west  on  a,  plane  to  the  east  curb  line  of  Hancock  avenue, 
grade  elevation  97  feet,  thence  level  to  the  west  curb  line  Han- 
cock avenue,  thence  west  on  a  plane  295  feet  to  a  point,  grade 
elevation  102.8  feet,  thence  west  on  a  plane  40  feet  to  a  point, 
grade  elevation  103.2  feet,  thence  west  on  a  plane  to  the  east 
curb  line  of  Thomson  avenue,  grade  elevation  109.5  ^^^t. 
thence  level  to  the  west  curb  line  of  Thomson  avenue,  thence 
west  on  a  plane  to  the  east  curb  line  of  Ingram  avenue,  grade 
elevation  100.4  feet,  thence  west  on  a  plane  to  the  west  curb 
line  of  Ingram  avenue,  grade  elevation  100  feet,  thence  west  on  a 
plane  to  the  east  curb  line  of  Lafayette  avenue,  grade  elevation 
98.4  feet,  thence  level  to  the  west  curb  line  of  Lafayette  avenue, 
thence  west  on  a  plane  to  the  east  curb  line  of  Washington 
avenue,  grade  elevation  103. 3  feet,  thence  west  level  190  feet, 
thence  west  on  a  plane  to  the  S.  W.  &  S.  Ry.  tracks,  grade 
elevation  102.6  feet,  thence  west  on  a  plane  155  feet  to  a  point, 
grade  elevation  99  feet,  thence  west  on  a  plane  to  the  east  curb 
line  of  Lamina  avenue,  grade  elevation  100  feet,  thence  west 
on  a  plane  to  the  west  curb  line  of  Lamine  avenue,  grade  eleva- 
tion 100.6  feet,  thence  west  on  a. plane  to  the  east  curb  line  of 
Ohio  avenue,  grade  elevation  109.3  f^^t,  thence  level  to  the 
west  curb  line  of  Ohio  avenue,  thence  west  on  a  plane  to  the  M. 
K.  &  T.  Ry.  tracks,  grade  elevation  iii  feet,  thence  west  on  a 
plane  to  the  east  curb  line  of  Osage  avenue,  grade  elevation 
1 13. 10  feet,  thence  west  on  a  plane  to  the  west  curb  line  of 
Osage  avenue  grade  elevation  11 3. 2  feet,  thence  west  on  a  plane 
to  the  east  curb  line  of  Kentucky  avenue,  grade  elevation  II4.5 
feet,  thence  west  on  a  plane  to  the  west  curb  line  of  Kentucky 
avenue,  grade  elevation  114.7  feet,  thence  w^st  on  a  plane  to 
the  east  curb  line  of  Moniteau  avenue,  grade  elevation  116  feet. 


REVISED  ORDINANCES.  209 

thence  level  to  the  west  curb  line  of  Moniteau  avenue,  thence  west 
on  a  plane  to  the  east  curb  line  of  Vermont  avenue,  grade  ele- 
vation 1 13.3  feet,  thence  west  on  a  plane  to  the  west  curb  line 
of  Vermont  avenue,  grade  elevation  112.7  feet,  thence  west  on 
a  plane  to  the  east  curb  line  of  Missouri  avenue,  grade  elevation 
104.4  feet,  thence  west  on  a  plane  to  the  west  curb  line  of 
Missouri  avenue,  grade  elevation  103. 6  feet,  thence  west  on  a 
plane  to  the  east  curb  line  of  Harrison  avenue,  grade  elevation 
92.8  feet,  thence  west  on  a  plane  to  the  west  curb  line  of 
Harrison  avenue,  grade  elevation  92.2  feet,  thence  west  on  a 
plane  to  the  east  curb  line  of  Grand  avenue,  grade  elevation 
89.5  feet,  thence  level  to  the  west  curb  line  of  Grand  avenue, 
thence  west  on  a  plane  290  feet  to  a  po  nt,  grade  elevation  85.2 
feet,  thence  west  on  a  plane  40  feet  to  a  point,  grade  eleva- 
tion 84.6  feet,  thence  west  on  a  plane  290  feet  to  a 
point,  grade  elevation  80.5  feet,  thence  west  on  a  plane 
40  feet  to  a  point,  grade  elevation  81  feet,  thence  west 
on  a  plane  290  feet  to  a  point,  grade  elevation  89  feet 
thence  west  on  a  plane  40  feet  to  a  point,  grade  eleva- 
tion 89.8  feet,  thence  west  on  a  plane  150  feet  to  a 
point,  grade  elevation  95.5  feet,  thence  west  level  140  feet, 
thence  west  on  a  plane  40  feet  to  a  point,  grade  elevation  95 
feet,  thence  west  on  a  plane  290  feet  to  a  point,  grade  elevation 
85.5  feet,  thence  west  on  a  plane  40  feet  to  a  point,  grade  ele- 
vation 85  feet,  thence  west  on  a  plane  290  feet  to  a  point,  grade 
elevation  87.40  feet,  thence  west  on  a  plane  40  feet  to  a  point, 
grade  elevation  88  feet,  thence  west  on  a  plane  290  feet  to  a 
point,  grade  elevation  96  feet,  thence  west  on  a  plane  40  feet  to 
a  point,  grade  elevation  96.2  feet,  thence  west  on  a  plane  290 
feet  to  a  point,  grade  elevation  98  feet,  thence  west  level  40  feet, 
thence  west  on  a  plane  290  feet  to  a  point,  grade  elevation  96.4 
feet,  thence  west  on  a  plane  40  feet  to  a  point,  grade  elevation 
96.2  feet,  thence  west  on  a  plane  330  feet  to  a  point,  grade  ele- 
vation 94.5  feet  thence  west  on  a  plane  330  feet  to  a  point, 
grade  elevation  90  feet,  thence  west  on  a  plane  290  feet  to  the 
western  city  limits,  grade  elevation  83.  5  feet. 


2  10  REVISED  ORDINANCES. 

Sec.  1/6.  The  grade  of  Seventeenth  street,  between 
Engineer  street  and  Grand  avenue,  shall  be  as  follows,  to-wit: 
Commencing  at  the  west  curb  line  of  Engineer  street,  grade 
elevation  'jG.']  feet,  thence  west  on  a  plane  to  the  east  curb  line 
of  Summit  street,  grade  elevation  87.4  feet,  thence  west  on 
a  plane  to  the  west  curb  line  of  Summit  street,  grade  elevation 
88  feet,  thence  west  on  a  plane  to  the  east  curb  line  of  Brown 
street,  grade  elevation  90  feet,  thence  level  to  the  west  curb  line 
of  Brown  street,  thence  west  on  a  plane  to  the  east  curb  line  of 
Montgomery  street,  grade  elevation  88.3  feet,  thence  level  to 
the  west  curb  line  of  Montgomery  street,  thence  west  on  a  plane 
to  the  east  curb  line  of  Marvin  street,  grade  elevation  89.2  feet, 
thence  level  to  the  west  curb  line  of  Marvin  street,  thence  west 
on  a  plane  to  the  east  curb  line  of  Hancock  avenue,  grade  ele- 
vation 87.2  feet,  thence  level  to  the  west  curb  line  of  Hancock 
avenue,  thence  west  on  a  plane  290  feet  to  a  point,  grade  ele- 
vation 97.6  feet,  thence  west  on  a  plane  40  feet  to  a  point, 
grade  elevation  98.4  feet,  thence  west  on  a  plane  to  the 
east  curb  line  of  Thomson  avenue,  grade  elevation  108.5  feet, 
thence  level  to  the  west  curb  line  of  Thomson  avenue,  thence 
west  on  a  plane  to  the  east  curb  line  of  Ingiam  avenue,  grade 
elevation  102.2  feet,  thence  west  on  a  plane  to  the  west 
curb  line  of  Ingram  avenue,  grade  elevation  101.8  feet,  thence 
west  on  a  plane  to  the  east  curb  line  of  Lafayette  avenue, 
grade  elevation  94  feet,  thence  level  to  the  west  curb  line  of 
Lafayette  avenue,  thence  west  on  a  plane  to  the  east  curb  line 
of  Washington  avenue,  grade  elevation  97  feet,  and  also  com- 
mencing at  the  west  curb  line  of  Lamine  avenue,  grade  eleva- 
tion 100.4  feet,  thence  west  on  a  plane  to  the  east  curb  line  of 
Ohio  avenue,  grade  elevation  107. 7  feet,  thence  level  to  the 
west  curb  line  of  Ohio  avenue,  thence  west  on  a  plane  to  the 
east  curb  line  of  Osage  avenue,  grade  elevation  108.5  feet, 
thence  level  to  the  west  curb  line  of  Osage  avenue,  thence  west 
on  a  plane  to  the  M.,  K.  &  T.  Ry.  tracks,  grade  elevation  108.7 
feet,  thence  west  on  a  plane  to  the  east  curb  line  of  Kentucky 
avenue,  grade  elevation  1 1 1 .9  feet,  thence  level  to  the  west  curb 


REVISED  ORDINANCES.  2  I  I 

line  of  Kentucky  avenue,  thence  west  on  a  plane  to  the  east 
curb  line  of  Moniteau  avenue,  grade  elevation  109.5  feet,  thence 
level  to  the  west  curb  line  of  Moniteau  avenue,  thence  west 
on  a  plane  to  the  east  curb  line  of  Vermont  avenue,  grade  ele- 
vation 1 12.8  feet,  thence  level  to  the  west  curb  line  of  Vermont 
avenue,  thence  west  on  a  plane  to  the  east  curb  line  of  Missouri 
avenue,  grade  elevation  107  feet,  thence  level  to  the  west  curb 
line  of  Missouri  avenue,  thence  west  on  a  plane  to  the  east  curb 
line  of  Harrison  avenue,  grade  elevation  103  feet,  thence  level 
to  the  west  curb  line  of  Hanison  avenue,  thence  west  on  a  plane 
to  the  east  curb  line  of  Grand  avenue,  grade  elevation  95.5 
feet. 

Sec.  177.  The  grade  of  Eighteenth  street  between  En- 
gineer street  and  Grand  avenue  shall  be  as  follows,  to-wit: 
Commencing  at  the  west  curb  line  of  Engineer  street,  grade  ele- 
vation 81.7  feet,  thence  west  on  a  plane  to  the  east  curb  line  of 
Summit  street,  grade  elevation  86  feet,  thence  level  to  the  west 
curb  line  of  Summit  street,  thence  west  on  a  plane  to  the  east 
curb  line  of  Brown  street,  grade  elevation  83  feet,  thence  west 
on  a  plane  to  the  west  curb  line  of  Brown  street,  grade  eleva- 
tion 82.6  feet,  thence  west  on  a  plane  to  the  east  curb  line  of 
Montgomery  street,  grade  elevation  80.6  feet,  thence  west  on 
a  plane  to  the  west  curb  line  of  Montgomery  street,  grade  ele- 
vation 80.4  feet,  thence  west  on  a  plane  to  the  east  curb  line 
of  Marvin  street,  grade  elevation  79  feet,  thence  level  to  the 
west  curb  line  of  Marvin  street,  thence  west  on  a  plane  to  the 
east  curb  line  of  Hancock  avenue,  grade  elevation  86.6  feet, 
thence  west  on  a  plane  to  the  west  curb  line  of  Hancock  avenue, 
grade  elevation  87.4  feet,  thence  west  on  a  plane  295  feet  to  a 
point,  grade  elevation  97.6  feet,  thence  west  on  a  plane  40  feet 
to  a  point,  grade  elevation  98.4  feet,  thence  west  0:1  a  plane  to 
the  east  curb  line  of  Thomson  avenue,  grade  elevation  108  feet, 
thence  level  160  feet,  thence  west  on  a  plane  to  the  east  curb 
line  of  Ingram  avenue,  grade  elevation  104.2  feet,  and  also 
commencing  at  the  west  curb  line  of  Washington  avenue, 
grade  elevation  90  feet,  thence  west  on  a  plane  to  the  S.,  W. 


2  12  REVISED  ORDINANCES. 

&  S.  Ry.  tracks,  grade  elevation  92.8  feet,  thence  west  on  a 
plane  to  the  east  curb  line  of  Lamine  avenue,  grade  elevation 

99.8  feet,  thence  west  on  a  plane  to  the  west  curb  line  of  Lamine 
avenue,  grade  elevation  100. 4  feet,  thence  west  on  a  plane  to 
the  east  curb  line  of  Ohio  avenue,  grade  elevation  105.8 
feet,  thence  level  to  the  west  curb  line  of  Ohio  avenue,  thence 
west  on  a  plane  to  the  east  curb  line  of  Osage  avenue,  grade 
elevation  10 1  feet,  thence  level  to  the  west  curb  line  of  Osage 
avenue,  thence  west  on  a  plane  to  the  east  curb  line  of  Kentucky- 
avenue,  grade  elevation  103  feet,  thence  west  on  a  plane  to  the 
west  curb  line  of  Kentucky  avenue,  grade  elevation  103. 4  feet, 
thence  west  on  a  plane  to  the  M.,  K.  &  T.  Ry.  tracks,  grade 
elevation  109. 2  feet,  thence  west  on  a  plane  to  the  east  curb 
line  of  Moniteau  avenue,  grade  elevation  104  feet,  thence  level 
to  the  west  curb  line  of  Moniteau  avenue,  thence  west  on  a 
plane  to  the  east  curb  line  of  Vermont  avenue,  grade  eleva- 
tion 108.8  feet,  thence  west  on  a  plane  to  the  west  curb  line  of 
Vermont  avenue,  grade  elevation  109.2  feet,  thence  west  on  a 
plane  to  the  east  curb  line  of  Missouri  avenue,  grade  elevation 
1 12.5  feet,  thence  level  to  the  west  curb  line  of  Missouri  ave- 
nue, thence  west  on  a  plane  to  the  east  curb  line  of  Harrison 
avenue,  grade  elevation  1 10  feet,  thence  level  to  the  west  curb 
line  of  Harrison  avenue,  thence  west  on  a  plane  to  the  east  curb 
line  of  Grand  avenue,  grade  elevation  101.7  feet. 

Sec.  178.  The  grade  of  Nineteenth  street,  between  En- 
gineer street  and  Moniteau  avenue,  shall  be  as  follows,  to  wit: 
Commencing  at  the  west  curb  line  of  Engineer  street,  grade  ele- 
vation 80.00  feet,  thence  west  on  a  plane  to  the  east  curb  line 
of  Summit  street,  grade  elevation  78.1  feet,  thence  west  on  a 
plane  to  the  west  curb  line  of   Summit  street,    grade  elevation 

77.9  feet,  thence  west  on  a  plane  to  the  east  curb  line  of  Brown 
street,  grade  elevation  76.1  feet,  thence  west  on  a  plane  to  the 
west  curb  line  of  Brown  street,  grade  elevation  75.9  feet,  thence 
west  on  a  plane  to  the  east  curb  line  of  Montgomery  street, 
grade  elevation  74.3  feet,  thence  level  to  the  west  curb  line  of 
Montgomery  street,  thence  west  on  a  plane  to  the  east  curb  line 


REVISED  ORDINANCES.  '  213 

of  Marvin  street,  grade  elevation  75.9  feet,  thence  west  on  a 
plane  to  the  west  curb  line  of  Marvin  street,  grade  elevation 
76.1  feet,  thence  west  to  the  east  curb  line  of  Hancock  avenue, 
grade  elevation  86.7  feet,  thence  west  on  a  plane  to  the  west 
curb  line  of  Hancock  avenue,  grade  elevation  87.3  feet,  thence 
west  on  a  plane  295  feet  to  a  point,  grade  elevation 
95.6  feet,  thence  west  on  a  plane  40  feet  to  a  point,  grade  ele- 
vation 96.4  feet,  thence  west  on  a  plane  to  the  east  curb  line  of 
Thomson  avenue,  grade  elevation  106. 3  feet,  thence  west  on  a 
plane  to  the  west  curb  line  of  Thomson  avenue,  grade  elevation 
106.9  ^eet,  thence  west  on  a  plane  150  feet  to  a  point,  grade 
elevation  108.00  feet,  thence  west  on  a  plane  to  the  east  curb 
line  of  Ingram  avenue,  grade  elevation  107. 4  feet,  thence  west 
on  a  plane  to  the  west  curb  line  of  Ingram  avenue,  grade  eleva- 
tion 107.00  feet,  and  also  commencing  at  the  west  curb  line  of 
Washington  avenue,  grade  elevation  85.00  feet,  thence  west 
level  145  feet,  thence  west  on  a  plane  to  the  S.,  W.  &  S.  Ry. 
tracks,  grade  elevation  89.8  feet,  thence  west  on  a  plane  to  the 
east  curb  line  of  Lamine  avenue,  grade  elevation  97.5  feet, 
thence  west  on  a  plane  to  the  west  curb  line  of  Lamine  avenue, 
grade  elevation  97.9  feet,  thence  west  on  a  plane  to  the  east 
curb  line  of  Ohio  avenue,  grade  elevation  100. 4  feet,  thence 
level  to  the  west  curb  line  of  Ohio  avenue,  thence  west  on  a 
plane  to  the  east  curb  line  of  Osage  avenue,  grade  elevation 
95.00  feet,  thence  level  to  the  west  curb  line  of  Kentucky  ave- 
nue, thence  west  on  a  plane  to  the  east  curb  line  of  Moniteau 
avenue,  grade  elevation'  102.4  feet,  thence  west  on  a  plane  to 
the  west  curb  line  of  Moniteau  avenue,  grade  elevation  103.00 
feet. 

Sec.  179.  The  grade  of  Twentieth  street,  between  Engi- 
neer street  and  Grand  avenue,  shall  be  as  follows,  to-wit : 
Commencing  at  the  west  curb  line  of  Engineer  street,  grade  ele- 
vation 72.00  feet,  thence  west  on  a  plane  to  the  east  curb  line 
of  Summit  street,  grade  elevation  69.7  feet,  thence  west  on  a 
plane  to  the  west  curb  line  of  Summit  street,  grade  elevation 
69.3  feet,  thence  west  on  a  plane  to  the  east  curb  line  of  Brown 


214  REVISED  ORDINANCES. 

Street,  grade  elevation  67.00  feet,  thence  level  tc  the  west  curb 
line  of  Brown  street,  thence  west  on  a  plane  to  the  east  curb  line 
of  Montgomery  street,  grade  elevation  68.3  feet,  thence  west  on 
a  plane  to  the  west  curb  line  of  Montgomery  street,  grade  eleva- 
tion 68.5  feet,  thence  west  on  a  plane  to  the  east  curb  line  of 
Marvin  street,  grade  72.4  feet,  thence  west  on  a  plane  to  the 
west  curb  line  cf  Marvin  street,  grade  elevation  73.00  feet, 
thence  west  on  a  plane  275  feet  to  a  point,  grade  elevation  82.00 
feet,  thence  west  on  a  plane  40  feet  to  a  point,  grade  elevation 
82.6  feet,  thence  west  on  a  plane  295  feet  to  a  point,  grade  ele- 
vation 92.7  feet,  thence  west  on  a  plane  40  feet  to  a  point,  grade 
elevation  93.3  feet,  thence  west  on  a  plane  295  feet  to  a  point, 
grade  elevation  103.4  ^^^t,  thence  west  on  a  plane  40  feet  to  a 
point,  grade  elevation  103.8  feet,  thence  west  on  a  plane  135  feet 
lO  a  point,  grade  elevation  105.00  feet,  thence  west  level  to  the 
west  curb  line  of  Ingram  avenue,  thence  wes*:  on  a  plane  295  feet 
to  a  point,  grade  elevation  98.4  feet,  thence  west  on  a  plane  40 
feet  to  a  point,  grade  elevation  98.00  feet,  thence  west  on  a 
plane  to  the  east  curb  line  of  Washington  avenue,  grade  eleva- 
tion 88.3  feet,  thence  west  on  a  plane  to  the  west  curb  line  of 
Washington  avenue,  grade  elevation  87.7  feet,  and  also  com- 
mencing at  the  east  curb  line  of  Lamine  avenue,  grade  elevation 
91.6  feet,  thence  level  to  the  west  curb  line  of  Lamine  avenue, 
thence  west  on  a  plane  to  the  east  curb  line  of  Ohio  avenue, 
grade  elevation  90.2  feet,  thence  level  to  the  west  curb  line  of 
Ohio  avenue,  thence  west  on  a  plane  to  the  east  curb  line  of 
Osage  avenue,  grade  elevation  88.00  feet,  thence  level  to  the 
west  curb  line  of  Osage  avenue,  thence  west  on  a  plane  to  the 
east  curb  line  of  Kentucky  avenue,  grade  elevation  92.6  feet, 
thence  west  on  a  plane  to  the  west  curb  line  of  Kentucky  ave- 
nue, grade  elevation  93.2  feet,  thence  west  on  a  plane  to  the 
east  curb  line  of  Moniteau  avenue,  grade  elevation  99.6  feet, 
thence  west  on  a  plane  to  the  west  curb  line  of  Moniteau  ave- 
nue, grade  elevation  100.00  feet,  thence  west  on  a  plane  290 
to  a  point,  grade  elevation  102.9  feet,  thence  west  on  a  plane 
40  feet  to  a  point,  grade  elevation    103.3  ^eet,   thence  west  on  a 


REVISED  ORDINANCES.  21  5 

plane  to  the  east  curb  line  of  Missouri  avenue,  grade  elevation 
107.3  fs6t,  thence  west  on  a  plane  to  the  west  curb  line  of  Mis- 
souri avenue,  grade  elevation  107.7  ^^^t,  thence  west  on  a  plane 
290  feet  to  a  point,  grade  elevation  111.3  feet,  thence  we;t  on 
a  plane  40  feet  to  a  point,  grade  elevation  110.7  feet,  thence 
west  on  a  plane  to  the  east  curb  line  of  Grand  avenue,  grade  ele- 
vation 106.5  feet. 

Sec.  180.  The  grade  of  Twenty-third  street,  between 
Missouri  and  Grand  avenues,  shall  be  as  follows,  to-wit :  Com- 
mencing at  the  east  curb  line  of  Missouii  avenue,  grade  eleva- 
tion 107.9  feet,  thence  level  to  west  curb  line  of  Missouri  ave- 
nue, thence  west  on  a  plane  150  feet  to  a  point,  grade  elevation 
I  12.4  feet,  thence  west  level  140  feet,  thence  west  on  a  plane 
40  feet  to  a  point,  grade  elevation  112  feet,  thence  west  on  a 
plane  to  the  east  curb  line  of  Grand  avenue,  grade  elevation 
103.2  feet,  thence  level   to  the  west  curb  line  of  Grand  avenue. 

Sec.  181.  The  grade  of  Twenty-fourth  street,  between 
Engineer  street  and  Grand  avenue,  shall  be  as  follows,  to-wit: 
Commencing  at  the  east  curb  line  of  New  York  avenue,  grade 
elevation  41.5  feet,  thence  level  to  the  west  curb  line  of  New 
York  avenue,  thence  west  on  a  plane  310  feet  to  a  point,  grade 
elevation  37  feet,  thence  west  level  40  feet,  thence  west  on  a 
plane.  310  feet  to  a  point,  grade  elevation  44  feet,  thence  west 
on  a  plane  325  feet,  grade  elevation  59.6  feet,  thence  west  on  a 
plane  to  the  east  curb  line  of  Engineer  street,  grade  elevation 
69.6  feet,  thence  west  on  a  plane  to  the  west  curb  line  of  Engi- 
neer street,  grade  elevation  70  feet,  thence  west  on  a  plane 
290  feet  to  a  point,  grade  elevation  74  feet,  thence  west  on  a 
plane  330  feet  to  a  point,  grade  elevation  75.8  feet,  thence  west 
on  a  plane  370  feet  to  a  point,  grade  elevation  78  feet,  thence 
west  on  a  plane  240  feet  to  a  point,  grade  elevation  82.1  feet, 
thence  west  on  a  plane  30  feet  to  a  point,  grade  elevation  82.7 
feet,  thence  west  on  a  plane  810  feet  to  a  point,  grade  elevation 
97  feet,  thence  west  level  i  50  feet,  thence  west  on  a  plane  40  feet 
to  a  point,  grade  elevation  96.4  feet,  thence  west  on  a  plane  to 
the  east   curb  line  of  Ingram  avenue,  grade  elevation  88.2  feet. 


2l6  REVISED    ORDINANCES. 

thence  west  on  a  plane  to  the  west  curb  Hne  of  Ingram  avenue, 
grade  elevation  87.8  feet,  ihence  west  on  a  plane  290  feet  to  a 
point,  grade  elevation  78.6  feet,  thence  west  on  a  plane  40  feet 
to  a  point,  grade  elevation  78  feet,  thence  west  on  a  plane  to 
the  east  curb  line  of  Washington  avenue,  grade  elevation  70 
feet,  thence  level  to  the  west  curb  line  of  Washington  avenue, 
thence  west  290  feet  to  a  point,  grade  elevation  77.3  feet, 
thence  west  on  a  plane  190  feet,  grade  elevation  82  feet,  thence 
west  on  a  plane  to  the  S.,  W.  &  S.  Ry.  tracks,  grade  elevation 
89.2  feet,  thence  west  on  a  plane  to  the  east  curb  line  of  Ohio 
avenue,  grade  elevation  96.2  feet,  thence  west  on  a  plane  to  the 
west  curb  line  of  Ohio  avenue,  grade  elevation  96.8  feet,  thence 
west  on  a  plane  to  the  east  curb  line  of  South  Ohio  avenue, 
grade  elevation  99  feet,  thence  west  on  a  plane  on  the  west 
curb  line  of  South  Ohio  avenue,  grade  elevation  99.  6  feet,  thence 
west  on  a  plane  125  feet  to  a  point,  grade  elevation  102  feet, 
thence  west  level  40  feet,  thence  west  on  a  plane  to  the  east 
curb  line  of  Kentucky  avenue,  grade  elevation  97.6  feet,  thence 
west  on  a  plane  to  the  west  curb  line  of  Kentucky  avenue,  grade 
elevation  97.2  feet,  thence  west  on  a  plane  290  feet  to  a  point, 
grade  elevation  92  feet,  thence  west  level  40  feet,  thence  west  on 
a  plane  290  feet  to  a  point,  grade  elevation  92.9  feet,  thence  west 
on  a  plane  40  feet  to  a  point,  grade  elevation  93.1  feet,  thence 
west  on  a  plane  to  the  east  curb  line  of  Missouri  avenue,  grade 
elevation  101.7  feet,  thence  west  on  a  plane  to  the  west  curb 
line  of  Missouri  avenue,  grade  elevation  102. 3  feet,  thence  west 
on  a  plane  150  feet  to  a  point,  grade  elevation  106  feet,  thence 
west  level  140  feet,  thence  west  on  a  plane  40  feet  to  a  point, 
grade  elevation  105.4  'teet,  thence  west  on  a  plane  to  the  east 
curb  line  of  Grand  avenue,  grade  elevation  95.3  feet,  thence 
level  to  the  west  curb  line  of  Grand  avenue. 

Sec.  182.  The  grade  of  Barrett  avenue  between  Third 
street  and  Fifth  street  shall  be  as  follows,  to-wit :  Commenc- 
ing at  the  north  curb  line  of  Third  street,  grade  elevation  52.6 
feet,  thence  south  on  a  plane  to  the  south  curb  line  of  Third 
street,  grade  elevation  52  feet,  thence   south   on   a   plane  to  the 


REVISED    ORDINANCES.  2  1/ 

north  curb  line  of  Fourth  street,  grade  elevation  44.8,  feet  thence 
south  on  a  plane  to  the  south  curb  line  of  Fourth  street,  grade 
elevation  44.20  feet,  thence  south  on  a  plane  to  the  north  curb 
line  of  Fifth  street,  grade  elevation  43  feet,  thence  south  on  a 
plane  to  the  south  curb  line  of  Fifth  street,  grade  elevation 
43.6  feet. 

Sec.  183.  The  grade  of  Thompson  avenue  between  Third 
street  and  Twelfth  street  shall  be  as  follows,  to-wit:  Com- 
mencing at  the  north  curb  line  of  Third  street,  grade  ele- 
vation 54  feet,  thence  level  to  the  south  curb  line  of  Third 
street,  thence  south  on  a  plane  to  the  north  curb  line  of  Fourth 
street,  grade  elevation  49  feet,  thence  level  to  the  south  curb 
line  of  F"ourth  street,  thence  south  on  a  plane  to  the  north  curb 
line  of  Fifth  street,  grade  elevation  46.2  feet,  thence  level  to 
the  south  curb  line  of  Fifth  street,  and  also  commencing  at  the 
north  curb  line  of  Broadway  street,  grade  elevation  71  2  feet, 
thence  south  on  a  plane  to  the  south  curb  line  of  Broadway 
street,  grade  elevation  71.8  feet,  thence  south  on  a  plane  to  the 
north  curb  line  of  Ninth  street,  grade  elevation  75.8  feet, 
thence  south  on  a  plane  to  the  south  curb  line  of  Ninth  street, 
grade  elevation  76.2  feet,  thence  south  on  a  plane  to  the  north 
curb  line  of  Tenth  street,  grade  elevation  78.3  feet,  thence  south 
on  a  plane  to  the  south  curb  line  of  Tenth  street,  grade  ele- 
vation 78,5  feet,  thence  south  on  a  plane  to  the  north  curb  line 
of  Eleventh  street,  grade  elevation  80.5  feet  thence  south  on 
a  plane  to  the  south  curb  line  of  Eleventh  street,  grade  eleva- 
tion 80.7  feet,  thence  south  on  a  plane  to  the  north  curb  line  of 
Twelfth  street,  grade  elevation   81.4  feet. 

Sec.  184.  The  grade  of  Carr  avenue,  between  Third 
street  and  Twelfth  street,  shall  be  as  follows,  to-wit:  Com 
mencing  at  the  north  curb  line  of  Third  street,  grade  elevation 
60.5  feet,  thence  level  to  the  south  curb  line  of  Third  street, 
thence  south  on  a  plane  to  the  north  curb  line  of  Fourth  street, 
grade  elevation  56.2  feet,  thence  level  to  the  south  curb  line  of 
Fourth  street,  thence  south  on  a  plane  to  the  north  curb  line 
of  Fifth  street,  grade  elevation    51.8    feet,   thence   level    to    the 


2i8  REVISED  ORDINANCES. 

south  curb  line  of  Fifth  street,  thence  south  on  a  plane  to  the 
north  curb  line  of  Sixth  street,  grade  elevation  48  feet,  thence 
level  to  the  south  curb  line  of  Sixth  street,  thence  south  on  a 
plane  290  feet  to  a  point,  grade  elevation  54.2  feet,  thence 
south  on  a  plane  to  the  north  curb  line  of  Broadway  street, 
grade  elevation  63.5  feet,  thence  level  to  the  south  curb  line  of 
Broadway,  thence  south  on  a  plane  to  the  north  curb  line  of 
Ninth  street,  grade  elevation  69.3  feet,  thence  south  on  a  plane 
to  the  south  curb  line  of  Ninth  street,  grade  elevation  69.7  feet, 
thence  south  on  a  plane  to  the  north  curb  line  of  Tenth  street, 
grade  elevation  74  5  feet,  thence  level  to  the  south  curb  line  of 
Tenth  street,  thence  south  on  a  plane  to  the  north  curb  line  of 
Eleventh  street,  grade  elevation  79.5  feet,  thence  level  to  the 
south  curb  line  of  Eleventh  street,  thence  south  on  a  plane  to 
the  north  curb  line  of  Twelfth  street,  grade  elevation  82  feet. 

Sec.  185.  The  grade  of  Sneed  avenue,  between  Third 
street,  and  Twelfth  street,  shall  be  as  follows,  to-wit :  Com- 
mencing at  the  north  curb  line  of  Third  street,  grade  elevation 
65  feet,  thence  level  to  the  south  curb  line  of  Third  street, 
thence  south  on  a  plane  to  the  north  curb  line  of  Fourth  street, 
grade  elevation  63.2  feet,  thence  level  to  the  south  curb  line  o{ 
Fourth  street,  thence  south  on  a  plane  to  the  north  curb  line  of 
Fifth  street,  grade  elevation  58.2  feet,  thence  level  to  the 
south  curb  line  of  Fifth  street,  thence  south  on  a  plane  to  the 
north  curb  line  of  Sixth  street,  grade  elevation  53  feet,  thence 
level  to  the  south  curb  line  of  Sixth  street,  thence  south  on  a 
plane  to  the  north  curb  line  of  Broadway  street,  grade  elevation 
55  ^eet,  thence  level  to  the  south  curb  line  of  Broadway  street, 
thence  south  on  a  plane  to  the  north  curb  line  of  Ninth  street, 
grade  elevation  59.6  feet,  thence  south  on  a  plane  to  the  south 
curb  line  of  Ninth  street,  grade  elevation  60  feet,  thence  south 
on  a  plane  to  the  north  curb  line  of  Tenth  street,  grade  eleva- 
tion 66  feet,  thence  south  on  a  plane  to  the  south  curb  line  of 
Tenth  street,  grade  elevation  66.40  feet,  thence  south  on  a 
plane  to  the  north  curb  line  of  Eleventh  street,  grade  elevation 
72.8  feet,  thence  south   on   a  plane   to  the  south  curb  line  of 


REVISED  ORDINANCES.  219 

Eleventh  street,  grade  elevation   73.2    feet,    thence   south    on   a 
plane  to  the  north  curb  line  of  Twelfth  street,  74.2  feet. 

Sec.  186.  The  grade  of  Park  avenue,  between  Henry 
street  and  Twelfth  street,  shall  be  as  follows,  to-wit:  Com- 
mencing at  the  north  curb  line  of  Henry  street,  grade  elevation 

55  feet,   thence  level   to   the  south   curb   line   of  Henry    street, 
thence  south  on    a  plane   200   feet   to   a   point,    grade    elevation 

56  feet,  thence  level  to  the  south  curb  line  of  Johnson  street, 
thence  south  on  a  plane  to  the  north  curb  line  of  Morgan 
street,  grade  elevation  60  feet,  thence  level  to  the  south  curb 
line  of  Morgan  street,  thence  south  on  a  plane  to  the  north  curb 
line  of  Cooper  street,  grade  elevation  68  feet,  thence  level  to 
the  south  curb  line  of  Cooper  street,  thence  south  on  a  plane 
to  the  north  curb  line  of  Pettis  street,  grade  elevation  71  feet, 
thence  level  to  the  south  curb  line  of  Pettis  street,  thence  south 
on  a  plane  to  the  tracks  of  the  Lexington  Branch  R)-'.,  grade 
elevation  70.2  feet,  thence  south  on  a  plane  to  the  Mo.  Pacific 
Ry.  tracks,  grade  elevation  66  feet,  thence  south  on  a  plane 
to  the  north  curb  line  of  Main  street,  grade  elevation  62.5  feet, 
thence  level  to  the  south  curb  line  of  Main  street,  thence  south 
on  a  plane  to  the  north  curb  line  of  Second  street,  grade  eleva- 
tion 65.6  feet,  thence  level  to  the  south  curb  line  of  Second 
street,  thence  south  on  a  plane  to  the  north  curb  line  of  Wil- 
kerson  street,  grade  elevation  64  feet,  thence  level  to  the  south 
curb  line  of  Wilkerson  street,  thence  south  on  a  plane  275  feet 
to  a  point,  grade  elevation  65.5  feet,  thence  south  on  a  plane 
to  the  north  curb  line  of  Third  street,  grade  elevation  69  feet, 
thence  south  on  a  plane  to  the  center  of  Third  street,  grade 
elevation  69.34  feet,  thence  level  to  the  south  curb  line  of 
Third  street,  thence  south  on  a  plane  to  the  north  curb  line  of 
Fourth  street,  as  it  runs  east  of  Park  avenue,  grade  elevation 
71  feet,  thence  level  to  the  south  curb  line  of  Fourth  street,  as 
aforesaid,  thence  south  on  a  plane  to  the  north  curb  line  of 
Fifth  street,  as  it  runs  east  of  Park  avenue,  grade  elevation 
66.30  feet,  thence  south  on  a  plane  to  the  south  curb  line  of 
Fifth    street,   as    aforesaid,    grade    elevation   65.9   feet,    thence 


220  REVISED  ORDINANCES. 

south  on  a  plane  to  the  north  curb  line  of  Sixth  street,  as  it 
runs  east  of  Park  avenue,  grade  elevation  63.2  feet,  thence 
south  on  a  plane  to  the  south  curb  line  of  Sixth  street  as  afore- 
said, grade  elevation  62.8  feet,  thence  south  on  a  plane  to  the 
north  curb  line  of  Seventh  street,  grade  elevation  60.6  feet, 
thence  south  on  a  plane  to  the  south  curb  line  of  Seventh 
street,  grade  elevation  60.4  feet,  thence  south  on  a  plane  to 
the  north  curb  line  of  Broadway  street,  grade  elevation  58  feet, 
thence  level  to  the  south  curb  line  of  Ninth  street,  thence  south 
on  a  plane  to  the  north  curb  line  of  Tenth  street,  grade  eleva- 
tion 59.9  feet,  thence  south  on  a  plane  to  the  south  curb  line  of 
Tenth  street,  grade  elevation  60.  i  feet,  thence  south  on  a  plane 
to  the  north  curb  line  of  Eleventh  street,  grade  elevation  62 
feet,  thence  level  to  the  south  curb  line  of  Eleventh  street,  grade 
elevation  62  feet,  thence  south  on  a  plane  to  the  north  curb  line 
of  Twelfth  street,  grade  elevation  6^  feet. 

Sec.  187.  The  grade  of  Stewart  avenue,  between  Henry 
and  Twelfth  streets,  shall  be  as  follows,  to-wit :  Commencing  at 
the  north  curb  line  of  Henry  street,  grade  elevation  43.  feet, 
thence  level  to  the  south  curb  line  of  Henry  street,  thence  south 
on  a  plane  to  the  north  curb  line  of  Johnson  street,  grade  ele- 
vation 50  feet,  thence  level  to  the  south  curb  line  of  Johnson 
street,  thence  south  on  a  plane  to  the  north  curb  line  of  Morgan 
street,  grade  elevation  61.5  feet,  thence  level  to  the  south  curb 
line  of  Morgan  street,  thence  south  on  a  plane  to  the  north  curb 
line  of  Cooper  street,  grade  elevation  yi  feet,  thence  level  to 
south  curb  line  of  Cooper  street,  thence  south  on  a  plane  to  the 
north  curb  line  of  Pettis  street,  grade  elevation  yy  feet,  thence 
level  to  the  south  curb  line  of  Pettis  street,  thence  south 
on  a  plane  to  the  Lexington  Branch  Ry.  tracks,  grade  elevation 
y^.y  feet,  thence  south  on  a  plane  to  the  Mo.  Pacific  Ry.  tracks, 
grade  elevation  71  feet,  thence  south  on  a  plane  to  the  north 
curb  line  of  Main  street  grade  elevation  70.4  feet,  thence  level 
to  the  south  curb  line  of  Main  street,  thence  south  on  a  plane 
to  the  north  curb  line  of  Second  street,  grade  elevation  74.8 
feet,  thence  level  to  the  south  curb  line  of  Second  street,   thence 


REVISED  ORDINANCES.  22  [ 

south  on  a  plane  to  the  north  curb  Hne  of  Wilkerson  street, 
grade  elevation  73.8  feet,  thence  level  to  the  south  curb  line  of 
Wilkerson  street,  thence  south  on  a  plane  275  feet  to  a  point, 
grade  elevation  72.4  feet,  thence  south  on  a  plane  to  the  north 
curb  line  of  Third  street,  grade  elevation  74.7  feet,  thence 
level  to  the  south  curb  line  of  Third  street,  and  also  commenc- 
ing at  the  north  curb  line  of  Broadway,  grade  elevation  65.11 
feet,  thence  level  to  the  south  curb  line  of  Broadway,  thence 
south  on  a  plane  to  the  north  curb  line  of  Ninth  street,  grade 
elevation  62  feet,  thence  level  to  the  south  curb  line  of  Tenth 
street,  thence  south  on  a  plane  to  the  north  curb  line  of 
Eleventh  street,  grade  elevation  63.5  feet,  thence  level  to  the 
south  curb  line  of  Eleventh  street,  thence  south  on  a  plane  to 
the  north  curb  line  of  Twelfth  street,  grade  elevation  62.8  feet. 
Sec.  188.  The  grade  of  Quincy  avenue,  between  Henry 
street  and  Twelfth  street  shall  be  as  follows,  to-wit :  Commenc- 
ing at  the  north  curb  line  of  Henry  street,  grade  elevation  41.8 
feet,  thence  level  to  the  south  curb  line  of  Henry  street,  thence 
south  on  a  plane  to  the  north  curb  line  of  Johnson  street,  grade 
elevation  51  feet,  thence  level  to  the  south  curb  line  of  Johnson 
street,  thence  south  on  a  plane  to  the  north  curb  line  of  Morgan 
street,  grade  elevation  65  feet,  thence  level  to  the  south  curb 
line  of  Morgan  street,  thence  south  on  a  plane  to  the  north  curb 
line  of  Cooper  street,  grade  elevation  "j^  feet,  thence  level  to 
the  south  curb  line  of  Cooper  street,  thence  south  on  a  plane  200 
feet  to  a  point,  grade  elevation  80  feet,  thence  south  on  a  plane 
to  the  north  curb  line  of  Pettis  street,  grade  elevation  81. 50  feet, 
thence  level  to  the  south  curb  line  of  Pettis  street,  thence 
south  on  a  plane  240  feet  to  a  point,  grade  elevation  80  feet, 
thence  south  on  a  plane  to  the  Mo.  Pacific  Ry.  tracks,  grade 
elevation  75  feet,  thence  south  on  a  plane  the  north  curb  line  of 
Main  street,  grade  elevation  79  feet,  thence  level  to  the  south 
curb  line  of  Main  street,  thence  south  on  a  plane  to  the  north 
curb  line  of  Second  street,  grade  elevation  84.6  feet,  thence 
level  to  the  south  curb  line  of  Second  street,  thence  south  on  a 
plane  to  the  north  curb  line  of  Wilkerson  street,  grade  elevation 


222  REVISED  ORDINANCES. 

83.6  feet,  thence  level  to  the  south  curb  line  of  Wilkerson  street, 
thence  south  on  a  plane  275  feet  to  a  point,  grade  elevation  82 
feet,  thence  south  on  a  plane  to  the  north  curb  line  of  Third 
street,  grade  elevation  83.50  feet,  thence  level  to  the  south 
curb  line  of  Third  street,  thence  south  on  a  plane  to  the  north 
curb  line  of  Fourth  street  grade  elevation  84.2  feet,  thence 
level  to  the  south  curb  line  of  Fourth  street,  thence  south  on  a 
plane  to  the  north  curb  line  of  Fifth  street,  grade  elevation  87 
feet,  thence  level  to  the  south  curb  line  of  Fifth  street,  thence 
south  on  a  plane  to  the  north  curb  line  of  Sixth  street,  grade 
elevation  84  feet,  thence  south  on  a  plane  to  the  south  curb 
line  of  Sixth  street,  grade  elevation  83.6  feet,  thence  south  on  a 
plane  to  the  north  curb  line  of  Seventh  street,  grade  elevation 
77.5  feet,  thence  south  on  a  plane  to  the  south  curb  line  of 
Seventh  street,  grade  elevation  77.1  feet,  thence  south  on  a 
plane  to  the  north  curb  line  of  Broadway  street,  grade  elevation 
T},  7  feet,  thence  level  to  the  south  curb  line  of  Broadway 
street,  thence  south  on  a  plane  to  the  north  curb  line  of  Ninth 
street,  grade  elevation  68  feet,  thence  level  to  the  south  curb 
line  of  Ninth  street,  thence  south  on  a  plane  to  the  north  curb 
line  of  Tenth  street,  grade  elevation  71  feet,  thence  level  to  the 
south  curb  line  of  Tenth  street,  thence  south  on  a  plane  to  the 
north  curb  line  of  Eleventh  street,  grade  elevation  ^"J  feet, 
thence  level  to  the  south  curb  line  of  Eleventh  street,  thence 
south  on  a  plane  to  the  north  line  of  Twelfth  street,  grade  ele- 
vation 65  feet. 

Sec.  189.  The  grade  of  Prospect  street,  between  Henry 
street  and  Twelfth  street,  shall  be  as  follows,  to-wit :  Com- 
mencing at  the  north  curb  line  of  Henry  street,  grade  ele- 
vation 55.5  feet;  thence  level  to  the  south  curb  line  of  Hen 
ry  street,  thence  south  on  a  plane  to  the  north  curb  line 
of  Johnson  street,  grade  elevation  58  .  5  feet,  thence  level 
to  the  south  curb  line  of  Johnson  street,  thence  south  on 
a  plane  to  the  north  curb  line  of  Morgan  streei",  grade  ele- 
vation 67.00  feet,  thence  level  to  the  south  curb  line  of  Mor- 
gan street,  thence  south  on  a   plane   to    the   north  curb    line   of 


REVISED  ORDINANCES.  223 

Cooper  street,  grade  elevation  78.00  feet,  thence  level  to  the 
south  curb  line  of  Cooper  street,  thence  south  on  a  plane  to  the 
north  curb  line  of  Pettis  street,  grade  elevation  83.00  feet,  thence 
level  to  the  south  curb  line  of  Pettis  street,  thence  south  level 
255  feet,  thence  south  on  a  plane  to  the  Mo.  Pacific  Ry.  tracks, 
grade  elevation  77.00  feet,  thence  south  on  a  plane  to  the  north 
curb  line  of  Main  street,  grade  elevation  81.1  feet,  thence  south 
on  a  plane  to  the  south  curb  line  of  Main  street,  grade  elevation 
81.5  feet,  thence  south  on  a  plane  to  the  north  curb  line  of  Sec- 
ond street,  grade  elevation  86.00  feet,  thence  level  to  the  south 
curb  line  of  Second  street,  thence  south  on  a  plane  to  the  north 
curb  line  of  Wilkerson  street,  grade  elevation  89.80  feet,  thence 
level  to  the  south  curb  line  of  Wilkerson  street,  thence  south  on 
a  plane  215  feet  to  a  point,  grade  elevation  90.8  feet,  thence 
south  on  a  plane  to  the  north  curb  line  of  Third  street,  grade 
elevation  89.9  feet,  thence  level  to  the  south  curb  line  of  Third 
street,  and  also  commencing  at  the  north  line  of  Broadway  street, 
grade  elevation  79. 1  feet,  thence  south  on  a  plane  to  the  north 
curb  line  of  Broadway  street,  grade  elevation  78.2  feet,  thence 
level  to  the  south  curb  line  of  Broadway  street,  thence  south  on 
a  plane  to  the  north  curb  line  of  Ninth  street,  grade  elevation 
77.00  feet,  :hence  level  to  the  south  curb  line  of  Ninth  street, 
thene  south  on  a  plane  to  the  north  curb  line  of  Tenth  street, 
grade  elevation  80.00  feet,  thence  level  to  the  south  curb  line 
of  Tenth  street,  thence  south  on  a  plane  to  the  north  curb  line  of 
Eleventh  street,  grade  elevation  71.7  feet,  thence  level  to  the 
south  curb  line  of  Eleventh  street,  thence  south  on  a  plane  to 
the  north  curb  line  of  Twelfth  street,  grade  elevation  69  feet. 

Sec.  190.  The  grade  of  Grand  avenue,  between  Henry 
street  and  Twenety-eighth  street,  shall  be  as  follows,  to-wit : 
Commencing  at  the  north  curb  line  of  Henry  street,  grade  ele- 
vation 52.40  feet,  thence  south  on  a  plane  to  the  south  curb  line 
of  Henry  street,  grade  elevation  52.80  feet,  thence  south  on  a 
plane  to  the  north  curb  line  of  Johnson  street,  grade  elevation 
56.20  feet,  thence  south  on  a  plane  to  the  south  curb  line  of 
Johnson   street,  grade   elevation    56.60   feet,    thence  south  on  a 


224  REVISED  ORDINANCES. 

plane  to  the  north  curb  line  of  Morgan  street,  grade  elevation 
61.50  feet,  thence  south  on  a  plane  to  the  south  curb  line  of 
Morgan  street,  grade  elevation  62  feet,  thence  south  on  a  plane 
to  the  north  curb  line  of  Cooper  street,  grade  elevation  66.70 
feet,  thence  south  on  a  plane  to  the  south  curb  line  of  Cooper 
street,  grade  elevation  67.20  feet,  thence  south  on  a  plane  to 
the  north  curb  line  of  Pettis  street,  grade  elevation  71.60  feet,  . 
thence  south  on  a  plane  to  the  south  curb  line  of  Pettis  street, 
grade  elevation  72  feet,  thence  south  on  a  plane  to  a  point  75 
feet  north  of,  the  north  line  of  Missouri  Pacific  Ry.  right 
of  way,  grade  elevation  75  feet,  thence  south  on  a  plane 
to  the  Misssouri  Pacific  Ry.  tracks,  grade  elevation  78.5 
feet,  thence  south  on  a  plane  to  the  north  curb  line  of 
Main  street,  grade  elevation  75  feet,  thence  level  to  the 
south  curb  line  of  Main  street,  thence  south  on  a  plane  to  the 
north  curb  line  of  Second  street,  grade  elevation  80.9  feet, 
thence  south  on  a  plane  to  the  south  curb  line  of  Second  street, 
grade  elevation  81.4  feet,  thence  south  on  a  plane  to  the  north 
curb  line  of  Wilkerson  street,  grade  elevation  85.40  feet,  thence 
south  on  a  plane  to  the  south  curb  line  of  Wilkerson  street, 
grade  elevation  85.80  feet,  thence  south  on  a  plane  to  the 
north  curb  line  of  Third  street,  grade  elevation  92.3  feet, 
thence  south  on  a  plane  to  the  south  curb  line  of  Third  street, 
grade  elevation  92  4  feet,  thence  south  on  a  plane  to  the  north 
curb  line  of  Fourth  street,  grade  elevation  95  22  feet,  thence 
south  on  a  plane  to  the  south  curb  line  of  Fourth  street,  grade 
elevation  95.52  feet,  thence  south  on  a  plane  to  the  north 
curb  line  of  Fifth  street,  as  it  runs  east  of  Grand  avenue,  grade 
elevation  98.88  feet,  thence  south  on  plane  to  the  south  line  of 
aforesaid  Fifth  street,  grade  elevation  99.32  feet,  thence  level 
to  the  south  curb  line  of  Fifth  street,  as  it  runs  west  of  Grand 
avenue,  thence  south  on  a  plane  75  feet  to  a  point,  grade  ele- 
vation 98.80  feet,  thence  south  on  a  plane  to  the  north  curb 
line  of  Sixth  street,  grade  elevation  96.90  feet,  thence  south  on 
a  plane  to  the  south  curb  line  of  Sixth  street,  grade  elevation 
96.5  feet,  thence  south   on    a   plane   to  the   north    curb   line  of 


REVISED  ORDINANCES.  22  5 

Seventh  street,  grade  elevation  92.4  feet,  thence  south  on  a 
plane  to  the  south  curb  line  of  Seventh  street,  grade  elevation 
92.2  feet,  thence  south  on  a  plane  to  the  north  curb  line  of 
Broadway  street,  grade  elevation  86  feet,  thence  level  to  the 
south  curb  line  of  Broadway  street,  thence  south  on  a  plane  to 
north  curb  line  of  Ninth  street,  grade  elevation  8*8  feet,  thence 
level  to  the  south  curb  line  of  Ninth  street,  thence  south  on  a 
plane  to  the  north  curb  line  of  Tenth  street,  grade  elevation  84 
feet,  thence  south  on  a  plane  to  the  south  curb  line  of  Tenth 
street,  grade  elevation  83.6  feet,  thence  sorth  on  a  plane  to  the 
north  curb  line  of  Eleventh  street,  grade  elevation  76.4  feet, 
thence  south  on  a  plane  to  the  south  curb  line  of  Eleventh 
street,  grade  elevation  75  feet,  thence  south  on  a  plane  to  the 
north  line  of  Twelfth  street,  grade  elevation  74  feet,  thence 
south  on  a  plane  to  the  north  curb  line  of  Thirteenth  street, 
grade  elevation  75.4  feet,  thence  south  on  a  plane  to  the  south 
curb  line  of  Thirteenth  street,  grade  elevation  'j6  feet,  thence 
south  on  a  plane  to  the  north  curb  line  of  Fourteenth  street, 
grade  elevation  82  feet,  thence  level  to  the  south  curb  line  of 
Fifteenth  street,  thence  south  on  a  plane  to  the  north  curb  line 
of  Magnolia  avenue,  grade  elevation  85.6  feet,  thence  south  on 
a  plane  to  the  south  curb  line  of  Magnolia  avenue,  grade  eleva- 
tion 85.8  feet,  thence  south  on  a  plane  to  the  north  curb  line  of 
Sixteenth  street,  grade  elevation  89.3  feet,  thence  south  on  a 
plane  to  the  south  curb  line  of  Sixteenth  street,  grade  elevation 
89.7  feet,  thence  south  on  a  plane  to  the  north  curb  line  of 
Seventeenth  street,  grade  elevation  95.2  feet,  thence  south  on  a 
plane  to  the  south  curb  line  of  Seventeenth  street,  grade  eleva- 
tion 95.8  feet,  thence  south  on  a  plane  to  the  north  curb  line  of 
Eighteenth  street,  grade  elevation  101.4  feet,  thence  south  on 
a  plane  to  the  south  curb  line  of  Eighteenth  street,  grade 
elevation  102  feet,  thence  south  on  a  plane  to  the  north  curb 
line  of  Nineteenth  street,  grade  elevation  103. 4  feet,  thence 
south  on  a  plane  to  the  south  curb  line  of  Nineteenth  street, 
grade  elevation  103.6  feet,  thence  south  on  a  plane  to  north 
curb  line  of  Twentieth  street,  grade  elevation  106.3  ^^^t,  thence 


226  REVISED  ORDINANCES. 

south  on  a  plane  to  the  south  curb  Hne  of  Twentieth  street, 
grade  elevation  106.7  feet,  thence  south  on  a  plane  to  the  M., 
K.  &  T.  Ry.  tracks,  grade  elevation  11 1.4  feet,  thence  south 
on  a  plane  165  feet  to  a  point,  grade  elevation  112. 7  feet,  thence 
south  on  a  plane  40  feet  to  a  point,  grade  elevation  113  feet, 
thence  south  level  150  feet,  thence  south  on  a  plane  140  feet  to 
a  point,  grade  elevation  112  feet,  thence  south  on  a  plane  40 
feet  to  a  point,  grade  elevation  11 1.4  feet,  thence  south  on  a 
plane  to  the  north  curb  line  of  Twenty-third  street,  grade  eleva- 
tion 103.5  feet,  thence  south  on  a  plane  to  the  south  curb  line 
of  Twenty-third  street,  grade  elevation  103  feet,  thence  south 
on  a  plane  to  the  norih  curb  line  of  Twenty-fourth  street,  grade 
elevation  95.6  feet,  thence  south  on  a  plane  to  south  curb  line 
of  Twenty-fourth  street,  grade  elevation  95  feet,  thence  south 
on  a  plane  290  feet  to  a  point,  grade  elevation  91.2  feet,  thence 
south  on  a  plane  40  feet  to  a  point,  grade  elevation  90.6  feet, 
thence  south  on  a  plane  290  feet  to  a  point,  grade  elevation  87 
feet,  thence  south  40  feet  to  a  point,  grade  elevation  86.4  feet, 
thence  south  290  feet  to  a  point,  grade  elevation  85.1  feet, 
thence  south  40  feet  to  a  point,  grade  elevation  84.9  feet, 
thence  south  on  a  plane  to  the  north  curb  line  of  Twenty-eighth 
street,  grade  elevation  83.6  feet. 

Sec.  191.  The  grade  of  Harrison  avenue,  between  Main 
street  and  Eighteenth  street,  shall  be  as  follows,  to-wit:  Com- 
mencing at  the  north  curb  line  of  Main  street,  grade  elevation 
77.'^  feet,  thence  level  to  the  south  curb  line  of  Main  street; 
thence  south  on  a  plane  to  the  north  curb  line  of  Second  street, 
grade  elevation  78.80  feet;  thence  level  to  the  south  curb  line  of 
Second  street ;  thence  south  on  a  plane  to  the  north  curb  line  of 
Wilkerson  street,  grade  elevation  78.3  feet;  thence  south  on  a 
plane  to  the  south  curb  line  of  Wilkerson  street,  grade  elevation 
78.7  feet;  thence  south  on  a  plane  to  the  north  curb  line  of 
Third  street,  grade  elevation  86.9  feet;  thence  south  on  a  plane 
to  the  south  curb  line  of  Third  street,  grade  elevation  87.41 
feet;  thence  south  level  135  feet;  thence  south  on  a  plane  to 
the  north  curb  line  of  Fourth  street,  grade  elevation  89.20  feet; 


REVISED    ORDINANCES.  22/ 

thence  south  on  a  plane  to  the  south  curb  line  of  Fourth  street, 
grade  elevation  89.60  feet;  thence  south  on  a  plane  to  the  north 
curb  line  of  Fifth  street,  grade  elevation  94.40  feet;  thence  south 
on  a  plane  to  the  south  curb  line  of  Fifth  street,  grade  eleva- 
tion 94.  70  feet;  thence  south  on  a  plane  to  the  north  curb  line 
of  Sixth  street,  grade  elevation  100.2  feet;  thence  south  on  a 
plane  to  the  south  curb  line  of  Sixth  street,  grade  elevation 
100.6  feet;  thence  south  on  a  plane  to  the  north  curb  line  of 
Seventh  street,  grade  elevation  103.4  feet;  thence  level  to  the 
south  curb  line  of  Seventh  street ;  thence  south  on  a  plane  to  the 
north  curb  line  of  Broadway  street,  grade  elevation  97.45  feet; 
thence  level  to  the  south  curb  line  of  Broadway  street,  thence 
south  on  a  plane  to  the  north  curb  line  of  Ninth  street,  grade  ele- 
vation 95.40  feet;  thence  south  on  a  plane  to  the  south  curb  line 
of  Ninth  street,  grade  elevation  95  feet;  thence  south  on  a  plane 
to  the  north  curb  line  of  Tenth  street,  grade  elevation  85.80 
feet ;  thence  south  on  a  plane  to  the  south  curb  line  of  Tenth 
street,  grade  elevation  85.40  feet;  thence  south  on  a  plane  to 
the  north  curb  line  of  Eleventh  street,  grade  elevation  79.20 
feet;  thence  south  on  a  plane  to  the  south  curb  line  of  Eleventh 
street,  grade  elevation  78.8  feet;  thence  south  on  a  plane  150 
feet  to  a  point,  grade  elevation  t6.^  feet;  thence  south  on  a 
plane  to  the  north  curb  line  of  Thirteenth  street,  grade  eleva- 
tion 77.3  feet,  thence  south  on  a  plane  to  the  south  curb  line  of 
Thirteenth  street,  grade  elevation,  TJ  .7  feet;  thence  south  on  a 
plane  to  the  north  curb  line  of  Fourteenth  street,  grade  elevation 
89.7  feet;  thence  south  on  a  plane  to  the  south  curb  line  of 
Fourteenth  street,  grade  elevation  90.3  feet;  thence  south  on  a 
plane  to  the  north  curb  line  of  Fifteenth  street,  grade  elevation 
94  feet;  thence  level  to  the  south  curb  line  of  Fifteenth  street, 
thence  south  on  a  plane  to  the  north  curb  line  of  Magnolia  ave- 
nue, grade  elevation  92.5  feet;  thence  level  to  the  south  curb 
line  of  Sixteenth  street;  thence  south  on  a  plane  to  the  north 
curb  line  of  Seventeenth  street,  grade  elevation  102. 7  feet; 
thence  south  on  a  plane  to  the  south  curb  line  of  Seventeenth 
street,  grade  elevation  103. 3  feet;    thence  south  on   a   plane    to 


228  REVISED  ORDINANCES. 

the  north  curb  Hne  of  Eighteenth  street,  grade  elevation  109.8 
feet;  thence  south  on  a  plane  to  the  south  curb  line  of  Eight- 
eenth street,  grade  elevation  110.2  feet. 

Sec.  19..  The  grade  of  Missouri  avenue,  between  Clay 
street  and  Twenty-fourth  street,  shall  be  as  follows,  to-wit : 
Commencing  at  the  north  curb  line  of  Clay  street,  grade  eleva- 
tion 50  feet;  thence  level  to  the  south  curb  line  of  Clay  street; 
thence  south  on  a  plane  200  feet  to  a  point,  grade  elevation 
55  feet;  thence  south  on  a  plane  to  the  north  curb  line  of  Henry 
street,  grade  elevation  65.4  feet;  thence  south  on  a  plane  to  the 
south  curb  line  of  Henry  street,  grade  elevation  66  feet;  thence 
south  on  a  plane  to  the  north  curb  line  of  Johnson  street,  grade 
elevation  80.7  feet;  thence  level  to  a  pomt  265  feet  south  of  the 
south  line  of  Morgan  street;  thence  south  on  a  plane  to  the 
north  curb  line  of  Cooper  street,  grade  elevation  87.2  feet; 
thence  level  to  a  point  170  feet  south  of  the  south  line  of  Coop- 
er street;  thence  south  on  a  plane  to  the  north  curb  line  of  Pet- 
tis street,  grade  elevation  84  feet;  thence  level  to  the  south  curb 
line  of  Pettis  street;  thence  south  on  a  plane  to  the  north  curb 
line  of  Jefferson  street,  grade  elevation  79.8  feet;  thence  south 
on  a  plane  to  the  south  curb  line  of  Jefferson  street,  grade  ele- 
vation 79.4  feet;  thence  south  on  a  plane  to  the  north  curb  line 
of  Benton  stieet,  grade  elevation  78.75  feet;  thence  level  to  the 
south  curb  line  of  Benton  street;  thence  south  on  a  plane  to  the 
Mo.  Pacific  Ry.  tracks,  grade  elevation  85.7  feet;  thence  south 
on  a  plane  to  the  north  curb  line  of  Main  street,  grade  elevation 
8s  feet;  thence  level  to  the  south  curb  line  of  Main  street; 
thence  south  on  a  plane  to  the  north  curb  line  of  Second  street, 
grade  elevation  90  feet;  thence  level  to  the  south  curb  line  of 
Second  street;  thence  south  on  a  plane  to  the  north  curb  line 
of  Wilkerson  street,  grade  elevation  88.2  feet;  thence  level  to 
the  south  curb  hne  of  Wilkerson  street,  thence  south  on  a  plane 
to  the  north  curb  line  of  Third  street,  grade  elevation  88.9  feet; 
thence  level  to  the  south  curb  line  of  Third  street,  thence  south 
on  a  plane  to  the  north  curb  line  of  Fourth  street,  grade  eleva- 
tion 89.15  feet,   thence  level  to  the  south  curb  line  of  Fourth 


REVISED  ORDINANCES.  229 

Street,  thence  south  135  feet  to  a  point,  grade  elevation  90  feet, 
thence  south  on  a  plane  to  the  north  curb  line  of  Fifth  street, 
grade  elevation  91.85  feet,  thence  south  on  a  plane  to  the  south 
curb  line  of  Fifth  street,  grade  elevation  92.15  feet;  thence 
south  on  a  plane  to  the  north  curb  line  of  Sixth  street,  grade 
elevation  99.4  feet;  thence  south  on  a  plane  to  the  south  curb 
line  of  Sixth  street,  grade  elevation  99.8  feet,  thence  south  on  a 
plane  to  the  north  curb  line  of  Seventh  street,  grade  elevation 
107.6  feet,  thence  level  to  the  south  curb  line  of  Seventh  street, 
thence  level  to  the  north  curb  line  of  Broadway  street,  thence 
south  on  a  plane  to  the  south  curb  line  of  Broadway  street,  grade 
elevation  107.47  ^^et,  thence  south  on  a  plane  to  the  north 
curb  line  of  Ninth  street,  grade  elevation  102  feet;  thence  south 
on  a  plane  to  the  south  curb  line  of  Ninth  street  grade  elevation 
1 01. 5  feet,  thence  south  on  a  plane  to  the  north  curb  line  of 
Tenth  street,  grade  elevation  95.2  feet;  thence  south  on  a  plane 
to  the  south  curb  line  of  Tenth  street,  grade  elevation  94.70 
feet ;  thence  south  on  a  plane  to  the  north  curb  line  of  Eleventh 
street,  grade  elevation  89.3  feet,  thence  south  on  a  plane  to  the 
south  curb  line  of  Eleventh  street,  grade  elevation  bS.y  feet, 
thence  south  on  a  plane  150  feet  to  a  point,  grade  elevation  85 
feet,  thence  south  on  a  plane  to  the  north  curb  line  of  Thirteenth 
street,  grade  elevation  82.5  feet,  thence  level  to  the  south  curb 
line  of  Thirteenth  street,  thence  south  on  a  plane  to  the  north 
curb  line  of  Fourteenth  street,  grade  elevation  91.7  feet,  thence 
south  on  a  plane  to  the  south  curb  line  of  Fourteenth  street, 
grade  elevation  92.3  feet,  thence  south  on  a  plane  to  the  north 
curb  line  of  Fifteenth  street,  grade  elevation  10 1.6  feet,  thence 
south  on  a  plane  to  the  south  curb  line  of  Fifteenth  street,  grade 
elevation  102  feet,  thence  south  on  a  plane  to  the  north  curb 
line  of  Magnolia  avenue,  grade  elevation  104  feet,  thence  level 
to  the  south  curb  line  of  Sixteenth  street,  thence  south  on  a 
plane  to  the  north  curb  line  of  Seventeenth  street,  grade  eleva- 
tion 106.8  feet,  thence  south  on  a  plane  to  the  south  curb  line  of 
Seventeenth  street,  grade  elevation  107.2  feet,  thence  south  on 
a  piane  to  the  north  curb  line  of  Eighteenth  street,  grade  eleva- 


230  REVISED  ORDINANCES. 

tion  112. 5  feet,  thence  level  to  the  south  curb  line  of  Nineteenth 
street,  thence  south  on  a  plane  to  the  M.,  K.  &  T.  Ry.  tracks, 
grade  elevation  1 1 1  feet,  thence  south  on  a  plane  to  the  north 
curb  line  of  Twentieth  street,  grade  elevation  107. 5  feet,  thence 
level  to  the  south  curb  line  of  Twentieth  street,  thence  south  on 
a  plane  290  feet  to  a  point,  grade  elevation  109.60  feet,  thence 
south  on  a  plane  40  feet  to  a  point,  grade  elevation  iio  feet, 
thence  south  on  a  plane  290  feet  to  a  point,  grade  elevation  1 12 
feet,  thence  south  level  40  feet,  thence  south  on  a  plane  135 
feet  to  a  point,  grade  elevation  1 1 1  feet,  thence  south  on  a  plane 
to  the  north  curb  line  of  Twenty-third  street,  grade  elevation 
108.2  feet,  thence  south  on  a  plane  to  the  south  curb  line  of 
Twenty-third  street,  grade  elevation  107.6  feet;  thence  south 
on  a  plane  to  the  north  curb  line  of  Twenty-fourth  street,  grade 
elevation  102  feet. 

Sec.  193.  The  grade  of  Vermont  street,  between  the 
Mo.  Pacific  Ry.  right  of  way  and  Eighteenth  street  shall  be  as 
follows,  to-wit :  Commencing  at  the  south  line  of  the  Mo. 
Pacific  Ry.  right  of  way,  grade  elevation  88.4  feet,  thence  south 
on  a  plane  to  the  north  curb  line  of  Main  street,  grade  elevation 
87.6  feet,  thence  level  to  the  south  curb  line  of  Main  street, 
thence  south  on  a  plane  to  the  north  curb  line  of  Second  street, 
grade  elevation  95  feet,  thence  level  to  the  south  curb  line  of 
Second  street,  thence  south  on  a  plane  to  the  north  curb  line 
of  Wilkerson  street,  grade  elevation  98  feet,  thence  level  to  the 
south  curb  line  of  Wilkerson  street,  thence  south  on  a  plane  to 
the  north  curb  line  of  Third  street  grade  elevation  96  feet, 
thence  south  on  a  plane  to  the  south  curb  line  of  Third  street, 
grade  elevation  95.80  feet,  thence  south  on  a  plane  to  the 
north  curb  line  of  Fourth  street  grade  elevation  95.65  feet, 
thence  level  to  the  south  curb  line  of  Fourth  street,  thence 
south  on  a  plane  to  the  north  curb  line  of  F"ifth  street  grade 
elevation  91.50  feet,  thence  level  to  the  south  curb  line  of 
Fifth  street,  thence  south  on  a  plane  to  the  north  curb  line  of 
Sixth  street,  grade  elevation  97.5  feet,  thence  south  on  a  plane 
to  the  south  curb  line  of  Sixth  street,  grade  elevation  97.7  feet. 


REVISED    ORDINANCES.  23  I 

thence  south  on  a  plane  to  the  north  curb  line  of  Seventh  street, 
grade  elevation  105.74  feet,  thence  level  to  the  south  curb  line 
of  Seventh  street,  thence  south  on  a  plane  to  the  north  curb 
line  of  Broadway  street, grade  elevation  113.50  feet,  thence  level 
to  the  south  curb  line  of  Broadway  street,  thence  south  on  a 
plane  to  the  north  curb  line  of  Ninth  street,  grade  elevation 
109  feet,  thence  south  on  a  plane  to  the  south  curb  line  of  Ninth 
street,  grade  elevation  108.4  feet,  thence  south  on  planea  to 
the  north  curb  line  of  Tenth  street,  grade  elevation  103. 2  feet, 
thence  south  on  a  plane  to  the  south  curb  line  of  Tenth  street, 
grade  elevation  102. 8  feet,  thence  south  on  a  plane  to  the  north 
curb  line  of  Eleventh  street  grade  elevation  95.3  feet,  thence 
south  on  a  plane  to  the  south  curb  line  of  Eleventh  street, 
grade  elevation  94.7  feet,  thence  south  on  a  plane  150  feet  to  a 
point,  grade  elevation  90  feet,  and  also  commencing  at  the 
north  curb  line  of  Fourteenth  street,  grade  elevation  93.7  feet, 
thence  south  on  a  plane  to  the  south  curb  line  of  Fourteenth 
street,  grade  elevation  94.3  feet,  thence  south  on  a  plane  to 
the  north  curb  line  of  Fifteenth  street  grade  elevation  105. 7 
feet,  thence  south  on  a  plane  to  the  south  curb  line  of  Fifteenth 
street,  grade  elevation  106.3  feet,  thence  south  on  a  plane  to 
the  North  curb  line  of  Magnolia  avenue,  grade  elevation  11 1.9 
feet,  thence  south  on  a  plane  to  the  south  curb  line  of  Mag- 
nolia avenue,  grade  elevation  II2.1  feet,  thence  south  on  a 
plane  to  the  north  curb  line  of  Sixteenth  street,  grade  elevation 
113  feet,  thence  level  to  the  north  curb  line  of  Seventeenth 
street,  thence  south  on  a  plane  to  the  south  curb  line  of  Seven- 
teenth street,  grade  elevation  112.6  feet,  thence  south  on  a 
plane  to  the  north  curb  line  of  Eighteenth  street,  grade  eleva- 
tion 109  feet,  thence  on  a  level  to  the  south  curb  line  of 
Eighteenth  street. 

Sec.  194.  The  grade  of  Moniteau  avenue  between  Clay 
street  and  Twentieth  street  shall  be  as  follows,  to-wit:  Com- 
mencing at  the  north  curb  line  of  Clay  street,  grade  elevation 
57.2  feet,  thence  south  on  a  plane  to  the  south  curb  line  of 
Clay  street,  grade  elevation  57.8  feet,  thence  south  on  a  plane 


232 


REVISED    ORDINANCES. 


to  the  north  curb  line  of  Henry  street,  grade  elevation  78.4 
feet,  thence  south  on  a  plane  to  the  south  curb  line  of  Henry 
street,  grade  elevation  79  feet,  thence  south  on  a  plane  to  the 
north  curb  line  of  Johnson  street,  grade  elevation  94  feet, 
thence  south  on  a  plane  to  the  south  curb  line  of  Johnson 
street,  grade  elevation  94.3  feet,  thence  south  on  a  plane  to  the 
north  curb  line  of  Morgan  street,  grade  elevation  100  feet, 
thence  level  to  a  point  195  feet  south  of  the  south  line  of  Morgan 
street,  thence  south  on  a  plane  to  the  north  curb  line  of  Cooper 
street,  grade  elevation  99.7  feet,  thence  south  on  a  plane  to  the 
south  curb  line  of  Cooper  street,  grade  elevation  99.3  feet, 
thence  south  on  a  plane  to  the  north  curb  line  of  Pettis  street, 
grade  elevation  95.2  feet,  thence  south  on  a  plane  to  the  south 
curb  line  of  Pettis  street,  grade  elevation  94.8  feet,  thence  south 
on  a  plane  to  the  north  curb  line  of  Jefferson  street,  grade  ele- 
vation 89.6  feet,  thence  south  on  a  plane  to  the  south  curb  line 
of  Jefferson  street,  grade  elevation  89.2  feet,  thence  south  on 
a  plane  to  the  north  curb  line  of  Benton  street,  grade  elevation 
87  feet,  thence  level  to  the  south  curb  line  of  Benton  street, 
thence  south  on  a  plane  to  the  north  Mo  Pacific  Ry.  tracks, 
grade  elevation  91.3  feet,  thence  south  on  a  plane  to  the  south 
Mo.  Pacific  Ry.  tracks,  grade  elev  tion  91.6  feet,  thence  south 
on  a  plane  to  the  north  curb  line  of  Main  street,  grade  elevation 
89.3  feet,  thence  level  to  the  south  curb  line  of  Main  street, 
thence  south  on  a  plane  165  feet  to  a  point,  grade  elevation  92 
feet,  thence  south  on  a  plane  to  the  north  curb  line  of  Second 
street,  grade  elevation  95.80  feet,  thence  south  on  a  plane  to  the 
south  curb  line  of  Second  street,  grade  elevation  96. 1  feet, 
thence  south  on  a  plane  to  the  north  curb  line  of  Wilkerson 
street,  grade  elevation  102.65  ^eet,  thence  south  on  a  plane  to 
the  south  curb  line  of  Wilkerson  street,  grade  elevation  102.8 
feet,  thence  south  on  a  plane  to  the  north  curb  line  of  Third 
street,  grade  elevation  104.65  feet,  thence  level  to  the  south 
curb  line  of  Third  street,  thence  south  on  a  plane  to  the  north 
curb  line  of  Fourth  street,  grade  elevation  104.48  feet,  thence 
south  on  a  plane  to  the  south  curb  line  of  Fourth  street,   grade 


REVISED  ORDINANCES.  233 

elevation  104.28  feet,  thence  south  on  a  plane  to  the  north  curb 
line  of  Fifth  street,  grade  elevation  99.42  feet,  thence  south  on 
a  plane  to  the  south  curb  line  of  Fifth  street,  grade  elevation 
99.34  feet,  thence  south  on  a  plane  to  the  north  curb  line  of 
Sixth  street,  grade  elevation  97. 1  feet,  thence  south  on  a  plane 
to  the  south  curb  line  Sixth  street,  grade  elevation  97.5  feet, 
thence  south  on  a  plane  to  ihe  north  curb  line  of  Seventh  street, 
grade  elevation  I07.9  feet,  thence  level  to  the  south  curb  line  of 
Seventh  street,  thence  south  on  a  plane  to  the  north  curb  line  of 
Broadway  street,  grade  elevation  II5.70  feet,  thence  level  to  the 
south  curb  line  of  Broadway  street,  thence  south  on  a  plane  to 
the  north  curb  line  of  Ninth  street,  grade  elevation  109.6  feet, 
thence  south  on  a  plane  to  the  south  curb  line  of  Ninth  street, 
grade  elevation  109  feet,  thence  south  on  a  plane  to  the  north 
curb  line  of  Tenth  street,  grade  elevation  102. 6  feet,  thence 
south  on  a  plane  to  the  south  curb  line  of  Tenth  street,  grade 
elevation  102  feet,  thence  south  on  a  plane  to  the  north  curb  line 
of  Eleventh  street,  grade  elevation  95.2  feet,  thence  south  on  a 
plane  to  the  south  curb  line  of  Eleventh  street,  grade  elevation 
94.7  feet,  thence  south  on  a  plane  to  the  north  line  of  Twelfth 
street,  grade  elevation  91  feet,  thence  south  on  a  plane  to  the 
north  curb  line  of  Thirteenth  street,  grade  elevation  92.8  feet, 
thence  south  on  a  plane  to  the  south  curb  line  of  Thirteenth 
street,  grade  elevation  93  feet,  thence  south  on  a  plane  to  the 
north  curb  line  of  Fourteenth  street,  as  it  now  runs  west  of 
Moniteau  avenue,  grade  elevation  93.7  feet,  thence  south  on  a 
plane  to  the  south  curb  line  of  aforesaid  Fourteenth  street  grade 
elevation  94.3  feet,  thence  south  on  a  plane  to  the  north  curb 
line  of  Fourteenth  street,  as  it  runs  east  of  Moniteau  avenue, 
grade  elevation  98.2  feet,  thence  south  on  a  plane  to  the  south 
curb  line  of  Fourteenth  street  as  it  runs  east  of  Moniteau  avenue, 
grade  elevation  99  feet,  thence  south  on  a  plane  to  the  north 
curb  line  of  Fifteenth  street,  as  it  now  runs  west  of  Moniteau 
avenue,  grade  elevation  103.6  feet,  thence  south  on  a  plane  to 
the  south  curb  line  of  aforesaid  Fifteenth  street,  grade  eleva- 
tion  104.4   ^6St,    thence   south  on  a  plane  to  the  north  curb  line 


234  REVISED  ORDINANCES. 

of  F'ifteenth  street  as  it  runs  east  of  Moniteau  avenue,  grade  ele- 
vation 108.4  feet,  thence  south  on  a  plane  to  the  south  curb 
line  of  Fifteenth  street  as  it  runs  east  of  Moniteau  avenue,  grade 
elevation  109. 2  feet,  thence  south  on  a  plane  to  the  north  curb 
line  of  Magnolia  avenue,  grade  elevation  112.8  feet,  thence 
south  on  a  plane  to  the  south  curb  line  of  Magnolia  avenue, 
grade  elevation  II3.2  feet,  thence  south  on  a  plane  to  the  north 
curb  line  of  Sixteenth  street,  grade  elevation  1 16  feet,  thence 
level  to  the  south  curb  line  of  Sixteenth  street,  thence  south 
on  a  plane  to  the  north  curb  line  of  Seventeenth  street,  grade 
elevation  109. 8  feet,  thence  south  on  a  plane  to  the  south  curb 
line  of  Seventeenth  street,  grade  elevation  109.2  feet,  thence 
south  on  a  plane  to  the  north  curb  line  of  Eighteenth  street, 
grade  elevation  104  feet,  thence  level  to  the  south  curb  line  of 
Eighteenth  street,  thence  south  on  a  plane  to  theM.  K.  &  T. 
Ry.  tracks,  grade  elevation  108.8  feet,  thence  south  on  a  plane 
to  the  north  curb  line  of  Nineteenth  street,  grade  elevation 
102.7  feet,  thence  level  to  the  south  curb  line  of  Nineteenth 
street,  thence  south  on  a  plane  to  the  north  curb  line  of 
Twentieth  street,  grade  elevation  100  feet. 

Sec.  195.  The  grade  of  Kentucky  avenue,  between  Pa- 
cific and  Twenty-eighth  streets,  shall  be  as  follows,  to-wit : 
Commencing  at  the  north  curb  line  of  Pacific  street,  grade  ele- 
elevation  91  feet,  thence  level  to  the  south  curb  line  of  Pacific 
street,  thence  south  on  a  plane  to  the  north  Mo.  Pacific  Ry. 
tracks,  grade  elevation  96. 1  feet,  thence  south  on  a  plane  to 
the  south  line  of  the  right  of  way  of  the  Mo.  Pacific  Ry.  Co., 
grade  elevation  95.3  feet,  thence  south  on  a  plane  to  the  north 
curb  line  of  Main  street,  grade  elevation  94.75  feet,  thence  level 
to  the  south  curb  line  of  Main  street,  thence  south  on  a  plane 
to  the  north  curb  line  of  Second  street,  grade  elevation  96.60  feet, 
thence  level  to  the  south  curb  line  of  Second  street,  thence  south 
on  a  plane  to  the  north  curb  line  of  Third  street,  grade  eleva- 
tion 108.8  feet,  thence  level  to  the  south  curb  line  of  Third 
street,  thence  south  on  a  plane  to  the  north  cu.b  line  of  Fourth 
street,  grade  elevation  1 10.57  feet,  thence  level  to  the  south  curb 


REVISED  ORDINANCES.  235 

line  of  Fourth  street,  thence  south  on  a  plane  to  the  north  curb 
line  of  Fifth  street,  grade  elevation  106.9 i  feet,  thence  south  on 
a  plane  to  the  south  curb  line  of  Fifth  street,  grade  elevation 
106.55  ieet,  thence  south  on  a  plane  to  the  north  curb  line  of 
Sixth  street,  grade  elevation  101.2  feet,  thence  level  to  the 
south  curb  line  of  Sixth  street,  thence  south  on  a  plane  130 
feet  to  a  point,  grade  elevation  102.78  feet,  thence  south  on  a 
plane  to  the  north  curb    line  of  Seventh   street,  grade   elevation 

106.5  feet,  thence  south  on  a  plane  to  the  south  curb  line  of 
Seventh  street,  grade  elevation  106.8  feet,  thence  south  on  a 
plane  140  feet  to  a  point,  grade  elevation  i  10  feet,  thence  south 
on  a  plane  to  the  north  curb  line  of  Broadway  street,  grade 
elevation  116.50  feet,  thence  south  on  a  plane  to  the  south 
curb  line  of  Broadway  street,  grade  elevation  1  17.  10  feet,  thence 
south  on  a  level  165  feet,  thence  south  on  a  plane  to  the  north 
curb  line  of  Ninth  street,  grade  elevation  115  feet,  thence  south 
on  a  plane  to  the  south  curb  line  of  Ninth  street,  grade  elevation 

1 14.6  feet,  thence  south  on  a  plane  to  the  north  curb  line  of 
Tenth  street,  grade  elevation  110.2  feet,  thence  south  on  a 
plane  to  the  south  curb  line  of  Tenth  street,  grade  elevation 
109.8  feet,  thence  south  on  a  plane  to  the  north  curb  line  of 
Eleventh  street,  grade  elevation  102  feet,  thence  south  on  a 
plane  to  the  south  curb  line  of  Eleventh  street,  grade  elevation 
1 01. 4  feet,  thence  south  on  a  plane  to  the  north  line  of  Twelfth 
street,  grade  elevation  97.4  feet,  thence  level  to  the  south  line 
of  Twelfth  street,  thence  south  on  a  plane  to  the  north  curb  line 
of  Thirteenth  street,  grade  elevation  102.7  feet,  thence  level  to 
the  south  curb  line  of  Thirteenth  street,  thence  south  on  a  plane 
to  the  north  curb  line  of  Fourteenth  street,  grade  elevation  100 
feet,  thence  level  to  the  south  curb  line  of  Fourteenth  street, 
thence  south  on  a  plane  to  the  north  curb  line  of  Fifteenth 
street,  grade  elevation  106.7  feet,  thence  south  on  a  plane  to 
the  south  curb  line  of  Fifteenth  street,  grade  elevation  107. 3 
feet,  thence  south  on  a  plane  to  the  north  curb  line  of  Sixteenth 
street,  grade  elevation  114.6  feet,  thence  level  to  the  south 
curb  line  of   Sixteenth   street,  thence   south   on   a  plane  to  the 


236  REVISED    ORDINANCES. 

north  curb  line  of  Seventeenth  street,  grade  elevation  112  feet, 
thence  south  on  a  plane  to  the  south  curb  line  of  Seventeenth 
street,  grade  elevation  11 1.8  feet,  thence  south  on  a  plane  to 
the  M.,  K.  &  T.  Ry.  tracks,  grade  elevation  i  10.3  feet,  thence 
south  on  a  plane  to  the  north  curb  line  of  Eighteenth  street, 
grade  elevation  103. 4  feet,  thence  south  on  a  plane  to  the  south 
curb  line  of  Eighteenth  street,  grade  elevation  103  feet,  thence 
south  on  a  plane  to  the  north  curb  line  of  Nineteenth  street, 
grade  elevation  95.2  feet,  thence  south  on  a  plane  to  the  south 
curb  line  of  Nineteenth  street,  grade  elevation  94.8  feet,  thence 
south  on  a  plane  to  the  north  curb  line  of  Twentieth  street, 
grade  elevation  93  feet,  thei  ce  south  on  a  plane  to  the  south 
line  of  Twentieth  street,  grade  elevation  92.8  feet,  thence  south 
on  a  plane  310  feet  to  a  point,  grade  elevation  91  feet,  thence 
south  on  a  plane  40  feet  to  a  point,  grade  elevation  91.4  feet, 
thence  south    on    a   plane   290   feet  to  a  point,  grade   elevation 

97.7  feet,  thence  south  on  a  plane  40  feet  to  a  point,  grade 
elevation  98.3  feet,  thence  south  on  a  plane  290  feet  to  a  point, 
grade  elevation  102  feet,  thence  south  level  40  feet,  thence 
south  on  a  plane  to  the  north  curb  line  of  Twenty-fourth  street, 
grade  elevation  97.6  feet,  thence  south  on  a  plane  to  the  south 
curb  line  of  Twenty-fourth  street,  grade  elevation  97.2  feet, 
thence  south  on  a   plane   310   feet   to   a   point,    grade   elevation 

86.8  feet,  thence  south  on  a  plane  40  feet  to  a  point,  grade  ele- 
vation 86  feet,  thence  south  on  a  plane  290  feet  to  a  point, 
grade  elevation  80.6  feet,  thence  south  on  a  plane  40  feet  to  a 
point,  grade  elevation  79.8  feet,  thence  south  on  a  plane  290 
feet  to  a  point,  grade  elevation  74.5  feet,  thence  south  on  a 
plane  40  feet  to  a  point,  grade  elevation  73.7  feet,  thence  south 
on  a  plane  to  the  north  curb  line  of  Twenty-eighth  street,  grade 
elevation  68.4  feet. 

Sec.  196.  The  grade  of  Osage  avenue  between  Clay 
street,  and  Twentieth  street  shall  be  as  follows,  to- wit:  Com- 
mencing at  the  north  curb  line  of  Clay  street,  grade  elevation 
55.8  feet,  thence  level  to  the  south  curb  line  of  Clay  street, 
thence  south  on   a  plane  to  the  north  curb  line  of  Henry  street, 


REVISED  ORDINANCES.  237 

grade  elevation  70.6  feet,  thence  south  on  a  plane  to  the  south 
curb  line  of  Henry  street,  grade  elevation  71  feet,  thence  south 
on  a  plane  to  the  north  curb  line  of  Johnson  street,  grade 
elevation  80.5  feet,  thence  south  on  a  plane  to  the  south 
curb  line  of  Johnson  street,  grade  elevation  81  feet,  thence 
south  on  a  plane  180  feet  to  a  point,  grade  elevation  84  feet, 
thence  south  on  a  plane  to  the  north  curb  line  of  Morgan  street, 
grade  elevation  85  feet,  thence  level  to  the  south  curb  line  of 
Morgan  street,  thence  south  on  a  plane  to  the  north  curb  line 
of  Cooper  street,  grade  elevation  86.2  feet,  thence  south  on 
a  plane  to  the  south  curb  line  of  Cooper  street,  grade  elevation 
86.6  feet,  thence  south  on  a  plane  to  the  north  curb  line  of 
Pettis  street,  grade  elevation  98  feet,  thence  south  on  a  plane 
to  the  south  curb  line  of  Pettis  street,  grade  elevation  98.6 
feet,  thence  south  on  a  plane  to  the  north  curb  line  of  Jeffer- 
son street,  grade  elevation  99.5  feet,  thence  level  to  the  south 
curb  line  of  Jefferson  street,  thence  south  on  a  plane  to  the 
north  curb  line  of  Pacific  street,  grade  elevation  96.3  feet, 
thence  level  40  feet,  and  also  comniencing  at  the  south  line  of 
the  Mo.  Pacific  Ry.  right  of  way,  grade  elevation  98.6  feet, 
thence  south  on  a  plane  to  the  north  curb  line  of  Main  street, 
grade  elevation  99.5  feet,  thence  level  to  the  south  curb  line  of 
Main  street,  thence  south  on  a  plane  to  the  north  curb  lin  of 
Second  street,  grade  elevation  98.60  feet,  thence  level  to  the 
south  curb  line  of  Second  street,  thence  south  on  a  plane  135 
feet  to  a  point,  grade  elevation  99.8  feet,  thence  south  on  a 
plane  to  the  north  curb  line  of  Third  street,  grade  elevation 
106.7  feet,  thence  south  on  a  plane  to  the  south  curb  line  of 
Third  street,  grade  elevation  107.6  feet,  thence  south  on  a 
plane  to  the  north  curb  line  of  Fourth  street,  grade  elevation 
112.75  feet,  thence  level  to  the  south  curb  line  of  Fourth  street, 
thence  south  on  a  plane  to  the  north  curb  line  of  Fifth  street, 
grade  elevation  1 1 1  feet,  thence  level  to  the  south  curb  line  of 
Fifth  street,  thence  south  on  a  plane  135  feet  to  a  point,  grade 
elevation  108  feet,  thence  south  on  a  plane  to  the  north  curb 
line  of  Sixth  street,  grade  elevation  107  feet,    thence  south  on  a 


238  REVISED  ORDINANCES.  * 

plane  to  the  south  curb  line  of  Sixth  street,  grade  elevation 
106.8  feet,  thence  south  on  a  plane  146)4  feet  to  a  point,  grade 
elevation  106  feet,  thence  south  on  a  plane  to  the  north  curb 
line  of  Seventh  street,  grade  elevation  107.6  feet,  thence  south 
on  a  plane  to  the  south  curb  line  of  Seventh  street,  grade  eleva- 
tion 107.8  feet,  thence  south  on  a  plane  130  feet  to  a  point, 
grade  elevation  III  feet,  thence  south  on  a  plane  to  the  north  line 
of  Broadway  street,  grade  elevation  I15.4,  thence  south  on  a  plane 
to  the  south  curb  line  of  Broadway  street,  grade  elevation  II5  9 
feet,  thence  south  on  a  plane  to  the  north  curb  line  of  Ninth 
street,  grade  elevation  121  feet,  thence  level  to  the  south  curb 
line  of  Ninth  street,  thence  south  on  a  plane  to  the  north  curb 
line  of  Tenth  street,  grade  elevation  I15  feet,  thence  south  on  a 
plane  to  the  south  curb  line  of  Tenth  street,  grade  elevation 
114.4  feet,  thence  south  on  a  plane  tothe  north  curb  line  of 
Eleventh  street,  grade  elevation  106  feet,  thence  south  on  a 
plane  to  the  south  curb  line  of  Eleventh  street,  grade  elevation 
105.6  feet,  thence  south  on  a  plane  to  the  north  line  of 
Twelfth  street,  grade  elevation  104  feet,  thence  south  level  30 
feet,  thence  south  on  a  plane  to  the  north  curb  line  of  Thirt- 
eenth street,  grade  elevation  no. 5  feet,  thence  level  to  the 
south  curb  line  of  Thirteenthstreet,  thence  south  on  a  plane  to 
the  north  curb  line  of  Fourteenth  street,  grade  elevation  108. 7 
feet,  thence  level  to  the  south  curb  line  of  Fourteenth  street, 
thence  south  on  a  plane  to  the  north  curb  line  of  Fifteenth 
street,  grade  elevation  III. 6  feet,  thence  south  on  a  plane  to  the 
south  curb  line  of  Fifteenth  street,  grade  elevation  II2  feet, 
thence  south  on  a  plane  to  the  north  curb  line  of  Sixteenth 
street  grade  elevation  II3.I  feet,  thence  level  to  the  south  curb 
line  of  Sixteenth  street,  thence  south  on  a  plane  to  the  M., 
K.  &  T.  Ry.  tracks,  grade  elevation  ill  feet,  thence  south  on  a 
plane  to  the  north  curb  line  of  Seventeenth  street,  grade  eleva- 
tion 108.8  feet,  thence  south  on  a  plane  to  the  south  curb  line 
of  Seventeenth  street  grade  elevation  108.2  feet,  thence  south 
on  a  plane  to  the  north  curb  line  of  Eighteenth  street,  grade 
elevation    101.3    feet,    thence  south    on   a    plane   to  the   south 


REVISED  ORDINANCES.  239 

curb  line  of  Eighteenth  street,  grade  elevation  100.7  ^eet,  thence 
south  on  a  plane  to  the  north  curb  line  of  Nineteenth  street, 
grade  elevation  95.2  feet,  thence  south  on  a  plane  to  the 
south  curb  line  of  Ninteenth  street,  grade  elevation  94.8  feet, 
thence  south  on  a  plane  to  the  north  line  of  Twentieth  street, 
grade  elevation  88.2  feet. 

Sec.  197.  The  grade  of  Ohio  avenue,  between  Clay  street 
and  Twenty-eighth  street,  shall  be  as  follows,  to-wit :  Com- 
mencing at  the  north  curb  line  of  Clay  street,  grade  elevation  58 
feet,  thence  level  to  the  south  curb  line  of  Clay  street,  thence 
south  on  a  plane  to  the  north  curb  line  of  Henry  street,  grade 
elevation  64.1  feet,  thence  south  on  a  plane  to  the  south  curb 
line  of  Henry  street,  grade  elevation  64.7  feet,  thence  south  on 
a  plane  to  the  north  curb  line  of  Johnson  street,  grade  elevation 
70.9  feet,  thence  south  on  a  plane  to  the  south  curtj  line  of 
Johnson  street,  grade  elevation  71.5  feet,  thence  south  on  a 
plane  to  the  north  curb  line  of  Morgan  street,  grade  elevation 
"J  J  .'J  feet,  thence  south  on  a  plane  to  the  south  curb  line  of  Mor- 
gan street,  grade  elevation  78.3  feet,  thence  south  on  a  plane  to 
the  north  curb  line  of  Cooper  street,  grade  elevation  88.6  feet, 
thence  south  on  a  plane  to  the  south  curb  line  of  Cooper  street, 
grade  elevation  89  feet,  thence  south  on  a  plane  to  the  north 
curb  line  of  Pettis  street,  grade  elevation  10 1  feet,  thence  south 
on  a  plane  to  the  south  curb  line  of  Pettis  street,  grade  eleva- 
tion 101.5  feet,  thence  south  on  a  plane  to  the  north  curb  line 
line  of  Jefferson  street,  grade  elevation  104.4  feet,  thence  level 
to  the  south  curb  line  of  Jefferson  street,  thence  south  on  a  plane 
to  the  north  curb  line  of  Pacific  street,  grade  elevation  10 1.6 
feet,  thence  south  on  a  plane  to  the  south  curb  line  of  Pacific 
street,  grade  elevation  101.2  feet,  thence  south  on  a  plane  to  the 
Missouri  Pacific  Ry.  tracks,  grade  elevation  100. 2  feet,  thence 
level  to  the  south  right  of  way  of  the  Mo.  Pacific  Ry.  Co., 
thence  south  on  a  plane  25  feet  to  a  point,  grade  elevation  102 
feet,  thence  south  on  a  plane  to  the  north  curb  line  of  Main 
street,  grade  elevation  105.85  feet,  thence  level  to  the  south 
curb  line  of  Main  street,    thence  south   on  a  plane  to  the    north 


240  REVISED  ORDINANCES. 

curb  line  of  Second  street,  grade  elevation  103.2  feet,  thence 
south  on  a  plane  to  the  south  curb  line  of  Second  street,  grade 
elevation  102. 7  feet,  thence  south  on  a  plane  140  feet  to  a  point, 
grade  elevation  101.8  feet,  thence  south  on  a  plane  to  the  north 
curb  line  of  Third  street,  grade  elevation  106  feet,  thence  south 
on  a  plane  to  the  south  curb  line  of  Third  street,  grade  eleva- 
tion 107.2  feet,  thence  south  on  a  plane  to  the  north  curb  line 
of  Fourth  street,  grade  elevation  113.4  feet,  thence  south  on  a 
plane  to  the  south  curb  line  of  Fourth  street  grade  elevation  1 14 
feet,  thence  south  on  a  plane  to  the  north  curb  line  of  Fifth 
street,  grade  elevation  115.45  feet,  thence  level  to  the  south 
curb  line  of  Fifth  street,  thence  south  on  a  plane  to  the  north 
curb  line  of  Sixth  street,  grade  elevation  113.5  feet,  thence 
level  to  the  south  curb  line  of  Sixth  street,  thence  south  on  a 
plane  to  the  north  curb  line  of  Seventh  street,  grade  elevation 
1 12.95  feet,  thence  level  to  the  south  curb  line  of  Seventh  street, 
thence  south  on  a  plane  to  the  north  curb  line  of  Broadway 
street,  grade  elevation  1 16.4  feet,  thence  south  on  a  plane  to  the 
south  curb  line  of  Broadway  street,  grade  elevation  117  feet, 
thence  south  on  a  plane  to  the  north  curb  line  of  Ninth  street, 
grade  elevation  122.4  feet,  thence  level  to  the  south  curb  line  of 
Ninth  street,  thence  south  on  a  plane  to  the  north  curb  line  of 
Tenth  street,  grade  elevation  1 19.3  feet,  thence  south  on  a  plane 
to  the  south  curb  line  of  Tenth  street,  grade  elevation  118.9 
feet,  thence  south  on  a  plane  to  the  north  curb  line  of  Eleventh 
street,  grade  elevation  113  feet,  thence  south  on  a  plane  to  the 
sou«-h  curb  line  of  Eleventh  street,  grade  elevation  112.8  feet, 
thence  south  on  a  plane  to  the  north  line  of  Twelfth  street,  grade 
elevation  1 1 1  feet,  thence  south  on  a  plane  to  the  south  line  of 
Twelfth  street,  grade  elevation  11 1.3  feet,  thence  south  on  a 
plane  to  the  north  curb  line  of  Thirteenth  street,  grade  eleva- 
tion 115  feet,  thence  level  to  the  south  curb  line  of  Thirteenth 
street,  thence  south  on  a  plane  to  the  north  curb  line  of  Four- 
teenth street,  grade  elevation  112  feet,  thence  south  on  a  plane 
to  the  south  curb  line  of  Fourteenth  street,  grade  elevation 
1 1 1.6  feet,  thence   south  on  a  plane  to  the  north   curb   line   of 


REVISED  ORDINANCES.  24  I 

Fifteenth  street,  grade  elevation  109.5  ^eet,  thence  level  to  the 
south  curb  line  of  Fifteenth  street,  thence  south  on  a  plane  to 
the  M.  K.  &  T.  Ry.  tracks,  grade  elevation  iii.i  feet,  thence 
south  on  a  plane  to  the  north  curb  line  of  Sixteenth  street,  grade 
elevation  109.6  feet,  thence  south  on  a  plane  to  the  south  curb 
line  of  Sixteenth  street,  grade  elevation  109  feet,  thence  south 
on  a  plane  to  the  north  curb  line  of  Seventeenth  street,  grade 
elevation  107.8  feet,  thence  south  on  a  plane  to  the  south  curb 
line  of  Seventeenth  street,  grade  elevation  107.6  feet,  thtnce 
south  on  a  plane  to  the  north  curb  line  of  Eighteenth  street, 
grade  elevation  106  feet,  thence  south  on  a  plane  to  the  south 
curb  line  of  Eighteenth  street,  grade  elevation  105.6  feet,  thence 
south  on  a  plane  to  the  north  curb  line  of  Nineteenth  street, 
grade  elevation  100.7  feet,  thence  south  on  a  plane  to  the  south 
curb  line  of  Nineteenth  street,  grade  elevation  100.  i  feet,  thence 
south  on  a  plane  to  the  north  line  of  Twentieth  street,  grade  ele- 
vation 90.6  feet,  thence  south  on  a  plane  to  the  south  line  of 
Twentieth  street,  grade  elevation  89.8  feet,  thence  south  on  a 
plane  310  feet  to  a  point,  grade  elevation  84  feet,  thence  south 
level  40  feet,  thence  south  on  a  plane  290  feet  to  a  point,  grade 
elevation  88.4  feet,  thence  south  on  a  plane  40  feet  to  a  point, 
grade  elevation  89  feet,  thence  south  on  a  plane  290  feet  to  a  point, 
grade  elevation  95.5  feet,  thence  south  on  a  plane  40  feet  to  a 
point,  grade  elevation  95.7  feet,  thence  south  on  a  plane  145 
feet  to  a  point,  grade  elevation  96.5  feet,  thence  level  to  the 
south  curb  line  of  Twenty-fourth  street ;  and  also  commencing 
at  the  south  curb  line  of  Twenty-fourth,  street,  grade  elevation 
99.3  feet,  thence  south  on  a  plane  145  feet  to  a  point,  grade 
elevation  100  feet,  thence  south  on  a  level  145  feet,  thence  south 
on  a  plane  to  the  north  curb  line  or  Twenty-eighth  street,  grade 
elevation  88.4  feet. 

Sec.  198,  The  grade  of  Lamine  avenue,  between  Clay 
street  and  Twentieth  street,  shall  be  as  follows,  to-wit :  Com- 
mencing at  the  north  curb  line  of  Clay  street,  grade  elevation  60 
feet,  thence  south  on  a  level  225  feet,  thence  south  on  a  plane 
to  the  north  curb  line  of  Henry  street,  grade  elevation  Oy  feet, 


242  REVISED  ORDINANCES. 

thence  south  on  a  plane  to  the  south  curb  line  of  Henry  street, 
grade  elevation  6j .6  feet,  thence  south  on  a  plme  to  the  north 
curb  line  of  Johnson  street,  grade  elevation  77.8  feet,  thence 
south  on  a  a  plane  to  the  south  curb  line  of  Johnson  street, 
grade  elevation  78.2  feet,  thence  south  on  a  plane  to  the 
north  curb  line  of  Morgan  street,  grade  elevation  85  feet, 
thence  south  on  a  plane  to  the  scuth  curb  line  of  Morgan 
street,  grade  elevation  85.6  feet,  thence  south  on  a  plane  195 
feet  to  a  point,  grade  elevation  89  feet,  thence  south  on  a  plane 
to  the  north  curb  line  of  Cooper  street,  grade  elevation  95  feet, 
thence  south  on  a  plane  to  the  south  curb  line  of  Cooper  street, 
grade  elevation  95.5  feet,  thence  south  on  a  plane  to  the  north 
curb  line  of  Pettis  street,  grade  elevation  107  feet,  thence  south 
on  a  plane  to  the  south  curb  line  of  Pettis  street,  grade  eleva- 
tion 107.5  feet,  thence  south  on  a  plane  to  the  north  curb  line 
of  Jefferson  street,  grade  elevation  109.85  feet,  thence  level  to 
the  south  curb  line  of  Jefferson  street,  thence  south  on  a  plane 
the  north  curb  line  of  St.  Louis  street,  grade  elevation  108  feet, 
thence  south  on  a  plane  to  the  south  curb  line  of  St.  Louis 
street,  grade  elevation  107.5  feet,  thence  south  on  a  plane  to 
the  Mo.  Pacific  Railway  tracks,  grade  elevation  102.9  feet, 
and  also  commencing  at  the  south  line  of  the  Mo.  Pacific  Rail- 
way company's  right  of  way,  grade  elevation  104  feet,  thence 
south  on  a  plane  to  the  north  curb  line  of  Main  street,  grade 
elevation  1 10.4  feet,  thence  south  on  a  plane  to  the  south  curb 
line  of  Main  street,  grade  elevation  1 1 1  feet,  thence  south  on  a 
plane  125  feet  to  a  point,  grade  elevation  1 10.4  feet,  thence 
south  on  a  plane  to  the  north  curb  line  of  Second  street,  grade 
elevation  109  feet,  thence  level  to  the  south  curb  line  of  Second 
street,  thence  south  on  a  plane  140  feet  to  a  point,  grade  eleva- 
tion 107.3  feet,  thence  south  on  a  plane  to  the  north  curb  line 
of  Third  street,  grade  elevation  108. 3  feet,  thence  level  to  the 
south  curb  line  of  Third  street,  thence  south  on  a  plane  130  feet 
to  a  point,  grade  elevation  109.2  feet,  thence  south  on  a  plane 
to  the  north  curb  line  of  Fourth  street,  grade  elevation  11 2. 2 
feet,  thence  south  on  a  plane  to  the  south  curb  line  of  Fourth 


J 


REVISED    ORDINANCES.  243 

street,  grade  elevation  113.3  feet,  thence  south  on  a  plane  to 
the  north  curb  line  of  Fifth  street,  grade  elevation  117.4  feet, 
thence  level  to  the  south  curb  line  of  Fifth  street,  thence  south 
on  a  plane  to  the  north  curb  line  of  Sixth  street,  grade  eleva- 
tion 1 19.4  feet,  thence  level  to  the  south  curb  line  of  Sixth 
street,  thence  south  on  a  plane  to  the  north  curb  line  of  Seventh 
street,  grade  elevation  117.6  feet,  thence  level  to  the  south 
curb  line  of  Seventh  street,  thence  south  on  a  plane  130  feet  to 
a  point,  grade  elevation  118.2  feet,  thence  south  on  a  plane  to 
the  north  curb  line  of  Broadway  street,  grade  elevation  120.5 
feet,  thence  level  to  the  south  curb  line  of  Broadway  street, 
thence  south  on  a  plane  to  the  north  curb  line  of  Ninth  street, 
grade  elevation  124  feet,  thence  level  to  the  south  curb  line  of 
Ninth  street,  thence  south  on  a  plane  to  the  north  curb  line  of 
Tenth  street,  grade  elevation  12 1.8  feet,  thence  level  to  the 
south  curb  line  of  Tenth  street,  thence  south  on  a  plane  to  the 
north  curb  line  of  Eleventh  street,  grade  elevation  116.7  feet, 
thence  south  on  a  plane  to  the  south  curb  line  of  Eleventh  street, 
grade  elevation  i  16.3  feet,  thence  level  lO  the  south  curb  line  of 
Thirteenth  street,  thence  south  on  a  plane  to  the  north  curb  line 
of  Fourteenth  street,  grade  elevation  112  feet,  thence  south  on 
a  plane  to  the  south  curb  line  of  Fourteenth  street,  grade  eleva- 
tion I  I  1.6  feet,  thence  south  on  a  plane  to  the  M.,  K.  &  T. 
Railway  tracks,  grade  elevation  1 14  feet,  thence  south  on  a  plane 
to  the  north  curb  line  of  Fifteenth  street,  grade  elevation  105.9 
feet,  thence  south  on  a  plane  to  the  south  curb  line  of  Fifteenth 
street,  grade  elevation  105.  i  feet,  thence  south  on  a  plane  to  the 
north  curb  line  of  Sixteenth  street,  grade  elevation  100.5  feet, 
thence  south  on  a  plane  to  the  south  curb  line  of  Sixteenth 
street,  grade  elevation  100.  i  feet,  thence  level  to  the  south  curb 
line  of  Eighteenth  street,  thence  south  on  a  plane  the  north 
curb  line  of  Nineteenth  street,  grade  elevation  97.9  feet,  thence 
south  on  a  plane  to  the  south  curb  line  of  Nineteeth  street, 
grade  elevation  97.5  feet,  thence  south  on  a  plane  to  the  north 
curb  line  of  Twentieth   street,    grade  elevation  91.9  feet. 


244  REVISED  ORDINANCES. 

Sec.  199.  The  grade  of  Massachusetts  avenue,  between 
Main  street  and  Thirteenth  street,  shall  be  as  follows,  to-wit : 
Commencing  at  the  north  curb  line  of  Main  street  grade  ele- 
vation 1 14.9  feet,  thence  level  to  the  south  curb  line  of  Second 
street,  thence  south  on  a  plane  to  the  north  curb  line  of  Third 
street,  grade  elevation  112. 6  feet,  thence  level  to  the  south  curb  line 
of  Third  street,  thence  south  on  a  plane  to  the  north  curb  line 
of  Fourth  streei.,  grade  elevation  II2  feet,  thence  level  to  the 
south  curb  line  of  Fourth  street,  thence  south  on  a  plane  to  the 
north  curb  line  of  Fifth  street  grade  elevation  118.2  feet, 
thence  south  on  a  plane  to  the  south  curb  line  of  Fifth  street, 
grade  elevation  118.4  feet,  thence  south  on  a  plane  to  the 
north  curb  line  of  Sixth  street,  grade  elevation  123.4  feet, 
thence  south  on  a  plane  to  the  south  curb  line  of  Sixth  street, 
grade  elevation  123.6  feet,  thence  south  on  a  plane  to  the  north 
curb  linfe  of  Seventh  street,  grade  elevation  124.3  i^^^,  thence  level 
to  the  south  curb  line  of  Seventh  street,  thence  south  on  a 
plane  to  the  north  curb  line  of  Broadway  street,  grade  elevation 
1254  feet,  thence  level  to  the  south  curb  line  of  Broadway 
street,  thence  south  on  a  plane  165  feet  to  a  point,  grade  eleva- 
tion 127  feet,  thence  level  to  the  north  curb  line  of  Ninth  street, 
thence  south  on  a  plane  to  the  south  curb  line  of  Ninth 
street,  grade  elevation  126.4  ^^et.  thence  south  on  a  plane  to 
the  north  curb  line  of  Tenth  street,  grade  elevation  123.2  feet, 
thence  south  on  a  plane  to  the  south  curb  line  of  Tenth  street, 
grade  elevation  123  feet,  ihence  south  on  a  plane  to  the  north 
curb  line  of  Eleventh  street,  grade  elevation  12  1.2  feet,  thence 
south  on  a  plane  to  the  south  curb  line  of  Eleventh  street,  grade 
elevation  121  feet,  thence  south  on  a  plane  to  the  north  curb 
line   of   Thirteenth  street,  grade  elevation  117.4  feet. 

Sec.  200.  The  grade  of  Washington  avenue  between  Clay 
street  and  Twenty-eighth  street  shall  be  as  follows,  to-wit: 
Commencing  at  the  north  curb  line  of  Clay  street,  grade  eleva- 
tion 80.5  feet,  thence  south  on  a  plane  to  the  south  curb  line  of 
Clay  street,  grade  elevation  80  feet,  thence  south  on  a  plane  to 
the  north  curb  line  of  Henry  street,    grade   elevation  66.7  feet. 


REVISED  ORDINANCES,  245 

thence  level  to  the  south  curb  line  of  Henry  street  thence 
south  on  a  plane  185  feet  to  a  point,  grade  elevation  68  feet, 
thence  south  on  a  plane  to  the  north  curb  line  of  Johnson  street, 
grade  elevation  73.5  feet,  thence  south  on  a  plane  to  the  south 
curb  line  of  Johnson  street,  grade  elevation  74  feet  thence  south 
on  a  plane  to  the  north  curb  line  of  Morgan  street,  grade  eleva- 
tion 81.4  feet,  thence  south  on  a  plane  to  the  south  curb  line  of 
Morgan  street,  grade  elevation  82  feet,  thence  south  on  a  plane 
to  the  north  curb  line  of  Cooper  street,  grade  elevation  94.5 
feet,  thence  south  on  a  plane  to  the  south  curb  line  of  Cooper 
street,  grade  elevation  95.1  feet,  thence  south  on  a  plane  to 
the  north  curb  line  of  Pettis  street,  grade  elevation  107  feet, 
thence  south  on  a  plane  to  the  south  curb  line  of  Pettis  street, 
grade  elevation  107.5  feet,  thence  south  on  a  plane  to  the  north 
curb  line  of  Jefferson  street,  grade  elevation  II2.6  feet,  thence 
level  to  the  south  curb  line  of  Jefferson  street,  thence  south  on 
a  plane  to  the  north  curb  line  of  St.  Louis  street,  grade  eleva- 
tion III. 8  feet,  thence  south  on  a  plane  to  the  south  curb  line  of 
St.  Louis  street,  grade  elevation.  III. 4  feet,  thence  south  on  a 
plane  to  the  Misssouri  Pacific  Ry.  tracks,  grade  elevation  107.7 
thence  south  level  50  feet,  thence  south  on  a  plane  to  the 
north  curb  line  of  Main  street,  grade  elevation  Il6  feet,  thence 
south  on  a  plane  to  the  south  curb  line  of  Main  street,  grade 
elevation  Il8  feet,  thence  south  on  a  plane  to  the  north  curb 
line  of  Second  street,  grade  elevation  II9.80  feet,  thence  south 
level  to  the  south  curb  line  of  Second  street,  thence  south  on  a 
plane  to  the  north  curb  line  of  Third  street,  grade  elevation 
118. 3  feet,  thence  level  to  the  south  curb  line  of  Third  street, 
thence  south  on  a  plane  to  the  north  curb  line  of  Fourth  street, 
grade  elevation  I17  5  feet,  thence  level  to  the  south  curb 
line  of  Fourth  street,  thence  south  on  a  plane  to  the  north 
curb  line  of  Fifth  street,  grade  elevation  120. 4  feet,  thence 
south  on  plane  to  the  south  curb  line  of  Fifth  street,  grade 
elevation  120.8  feet,  thence  south  on  a  plane  to  the  north  curb 
line  of  Sixth  street,  grade  elevation  12 5. 3  feet,  thence  south  on 
a  plane  to  the  south  curb  line  of   Sixth  street,   grade    elevation 


246  REVISED  ORDINANCES. 

125.7  ^eet,  thence  south  on  a  plane  to  the  north  curb  line  of 
Seventh  street,  grade  elevation  127  feet,  thence  level  to  the 
south  curb  line  of  Seventh  street,  thence  south  on  a  plane 
to  the  north  curb  line  of  Broadway  street,  grade  elevation 
126.3  ^^6t,  thence  level  to  the  south  curb  line  of  Broadway 
street,  thence  south  on  a  plane  305  feet  to  a  point,  grade  ele- 
vation 125.6  feet,  thence  south  on  a  plane  40  feet  to  a  point, 
grade  elevation  125.4  ^^et,  thence  south  on  a  plane  to  the  north 
curb  line  of  Tenth  street,  grade  elevation  123.  i  feet,  thence 
south  on  a  plane  to  the  south  curb  line  of  Tenth  street,  grade 
elevation  122.9  ^^et,  thence  south  on  a  plane  90  feet  to  a  point, 
grade  elevation  122.6  feet,  thence  south  on  a  plane  to  the 
north  curb  line  of  Eleventh  street,  grade  elevation  12 1.2  feet, 
thence  south  on  plane  to  the  south  curb  line  of  Eleventh 
street,  grade  elevation  121  feet,  thence  south  on  a  plane  to 
the  north  curb  line  of  Twelfth  street,  grade  elevation  120.  i 
thence  south  on  a  plane  to  the  south  curb  line  of  Twelfth 
street,  grade  elevation  119.9  feet,  thence  south  on  a  plane  to 
the  north  curb  line  of  Thirteenth  street,  grade  elevation  117.6 
feet,  thence  south  on  a  plane  to  the  south  curb  line  of  Thir- 
teenth street,  grade  elevation  117.4  feet,  thence  south  on  a 
plane  to  the  north  curb  line  of  Fourteenth  street,  grade  ele- 
vation 115. 4  feet,  thence  south  on  a  plane  to  the  south  curb 
line  of  Fourteenth  street,  grade  elevation  II5  feet,  thence  south 
on  a  plane  to  the  north  curb  line  of  Fifteenth  street,  grade  ele- 
vation no. 7  feet,  thence  south  on  a  plane  to  the  south  curb 
line  of  Fifteenth  street,  grade  elevation  lio.l  feet,  thence 
south  on  a  plane  to  the  north  curb  line  of  Sixteenth  street, 
grade  elevation  103. 6  feet,  thence  south  on  a  plane  to  the  south 
curb  line  of  Sixteenth  street,  grade  elevation  103  feet,  thence 
south  on  a  plane  to  the  north  curb  line  of  Seventeenth  street, 
grade  elevation  97.4  feet,  thence  south  on  a  plane  to  the  south 
curb  line  of  Seventeenth  street  grade  elevation  96.6  feet, 
thence  south  on  a  plane  to  the  north  curb  line  of  Eighteenth 
street,  grade  elevation  90.3  feet,  thence  south  on  a  plane  to  the 
south  curb    line   of     Eighteenth     street    grade     elevation    89.7 


REVISED    ORDINANCES.  247 

feet,  thence  south  on  a  plane  290  feet  to  a  point, 
grade  elevation  85  feet,  thence  south  level  40  feet, 
thence  south  on  a  plane  to  the  north  curb  line 
of  Twentieth  street,  grade  elevation  88  feet,  thence 
south  level  40  feet,  thence  south  on  a  plane  290  feet  to 
a  point,  grade  elevation  86.6  feet,  thence  south  on  a  plane  40 
feet  to  a  point,  grade  elevation  86.4  feet,  thence  south  on  a 
plane  290  feet  to  a  point,  grade  elevation  82.6  feet,  thence 
south  on  a  plane  40  feet  to  a  point,  grade  elevation  82  feet, 
thence  south  on  a  plane  290  feet  to  a  point,  grade  elevation  75 
feet,  thence  south  on  a  plane  40  feet  to  a  point,  grade  elevation 
74.6  seet,  thence  south  on  a  plane  to  the  north  curb  line  of 
Twenty-fourth  street,  grade  elevation  70  feet,  thence  south  on 
a  level  40  feet,  thence  south  on  a  plane  950  feet  to  a  point, 
grade  elevation  65.5  feet,  thence  south  level  40  feet,  thence 
south  on  a  plane  to  the  north  curb  line  of  Twenty-eighth 
street,  grade  elevation  66.5  feet. 

Sec.  201.  The  grade  of  Lafayette  avenue,  between  Third 
street,  and  Seventeenth  street,  shall  be  as  follows,  to-wit:  Com- 
mencing at  the  south  curb  line  of  Third  street,  grade  elevation 
116. 6  feet,  thence  south  on  a  plane  to  the  north  curb  line  of 
Fourth  street,  grade  elevation  117.4  feet,  thence  south  on  a 
plane  to  the  south   curb   line  of    Fourth   street,    grade   elevation 

117. 6  feet,  thence  south  on  a  plane  to  the  north  curb  line  of 
Fifth  street,  grade  elevation  120.45  feet,  thence  level  to  the 
south  curb  line  of  Fifth  street,  thence  soutn  on  a  plane  to  the 
north  curb  line  of  Sixth  street,  grade  elevation  123  feet,  thence 
level  to  the  south  curb  line  of  Sixth  street,  thence  south  on  a 
plane  to  the  north  curb  line  of  Seventh  street,   grade   elevation 

121. 7  feet,  thence  south  on  a  plane  to  the  south  curb  line  of 
Seventh  street,  grade  elevation  121.5  feet,  thence  level  to  the 
north  curb  line  of  Broadway  stre°t,  and  also  commencing  at  the 
north  curb  line  of  Tenth  street,  grade  elevation  120  feet,  thence 
level  to  the  south  curb  line  of  Tenth  street,  thence  south  on  a 
plane  to  the  north  curb  line  of  Eleventh  street,  grade  elevation 
117    feet,    thence   south    on  a   plane    to    the  south  curb  line  of 


248  REVISED  ORDINANCES. 

Eleventh  street,  grade  elevation  116.4  feet,  thence  south  on  a 
plane  to  the  north  curb  line  of  Twelfth  street,  grade  elevation 
I  1 5  feet,  thence  south  on  a  plane  t'o  the  south  curb  line  of 
Twelfth  street,  grade  elevation  114.6  feet,  thence  south  on  a 
plane  to  the  north  curb  line  of  Thirteenth  street,  grade  elevation 
112. 4  feet,  thence  south  on  a  plane  to  the  south  curb  line  of 
Thirteenth  street,  grade  elevation  112  2  feet,  thence  south  on  a 
plane  to  the  north  curb  line  of  Fourteenth  street,  grade  eleva- 
tion no  feet,  thence  south  on  a  plane  to  the  south  curb  line  of 
Fourteeth  street,  grade  elevation  109.6  feet,  thence  south  on  a 
plane  to  the  north  curb  line  of  Fifteenth  street  grade  elevation 
104.2  feet,  thence  south  on  a  plane  to  the  south  curb  line  of 
Fifteenth  street,  grade  elevation  103.8  feet,  thence  south  on  a  plane 
to  the  north  curb  line  of  Sixteenth  street,  grade  elevation  98.6 
feet,  thence  south  on  a  plane  to  the  south  curb  line  of  Six- 
teenth street,  grade  elevation  98.2  feet,  thence  south  on  a  plane 
to  the  north  curb  line  of  Seventeenth  street,  grade  elevation  94.2 
feet. 

Sec.  202.  The  grade  of  Mill  street,  between  Pettis  street 
and  Third  street,  shall  be  as  follows,  to-wit :  Commencing 
at  the  north  curb  line  of  Pettis  street,  grade  elevation 
100  feet,  thence  south  on  a  plane  to  the  south  curb  line  of 
Pettis  street,  grade  elevation  100.5  ^eet,  thence  south  on  a 
plane  to  the  north  curb  line  of  St.  Louis  street,  grade  elevation 
102.2  feet,  thence  south  on  a  plane  to  the  south  line  of  St. 
Louis  street,  grade  elevation  102.6  feet,  thence  south  on  a  plane 
to  the  Mo.  Pacific  Ry.  tracks,  grade  elevation  107.6  feet, 
and  also  commencing  at  the  south  curb  line  of  Main  street,  grade 
elevation  109.5  ^eet,  thence  south  on  a  plane  190  feet  to  a  point, 
grade  elevation  109.  feet,  thence  south  on  a  plane  to  the  north 
curb  line  of  Second  street,  grade  elevation  iio  feet,  thence 
level  to  the  south  curb  line  of  Second  street,  thence  south  on  a 
plane  to  the  north  curb  line  of  Third  street,  grade  elevation 
1 11.75  ^eet. 

Sec.  203.  The  grade  of  Ingram  avenue,  between  Broad- 
way street  and  Twenty-eighth  street  shall  be  as  follows,  to-wit: 


REVISED  ORDINANCES.  249 

Commencing  at  the  north  curb  h'ne  of  Broadway  street,  grade 
elevation  III.2  feet,  thence  level  to  the  south  curb  line  of 
Broadway  street,  thence  south  on  a  plane  to  the  north  curb  line 
of  Ninth  street,  grade  elevation  112.9  ^^et,  thence  south  on  a 
plane  to  the  south  curb  line  of  Ninth  street,  grade  elevation 
I  13. 1  feet,  thence  south  on  a  plane  to  the  north  curb  line  of 
Tenth  street,  grade  elevation  116.8  feet,  thence  south  on  a 
plane  to  the  south  curb  line  of  Tenth  street,  grade  elevation 
1 17.2  feet,  thence  south  level  130  feet,  thence  south  on  a  plane 
to  the  north  curb  line  of  Eleventh  street,  grade  elevation  115.2 
feet  thence  south  on  a  plane  to  the  south  curb  line  of  Eleventh 
street,  grade  elevation  114.8  feet,  thence  south  on  a  plane  to 
the  north  curb  line  of  Twelfth  street,  grade  elevation  112.6 
feet,  thence  south  on  a  plane  to  the  south  curb  line  of  Twelfth 
street,  grade  elevation  112.2  feet,  thence  south  on  a  plane  to 
the  north  curb  line  of  Thirteenth  street,  grade  elevation  107.4 
feet,  thence  south  on  a  plane  to  the  south  curb  line  of  Thirteenth 
street,  grade  elevation  107  feet,  thence  south  on  a  plane  to  the 
north  curb  line  of  Fourteenth  street,  grade  elevation  103. 2  feet, 
thence  south  on  a  plane  to  the  south  curb  line  of  Fourteenth 
street,  grade  elevation  102.8  feet,  thence  south  on  a  plane  to  the 
north  curb  line  of  Fifteenth  street,  grade  elevation  101.6  feet, 
thence  south  on  a  plane  to  the  south  curb  line  of  Fifteenth 
street,  grade  elevation  101.4  feet,  thence  south  on  a  plane  to 
the  north  curb  line  of  Sixteenth  street,  grade  elevation  100.2 
feet,  thence  level  to  the  south  curb  line  of  Sixteenth  street, 
thence  south  on  a  plane  to  the  north  curb  line  of  Seventeenth 
street,  grade  elevation  101.9  feet,  thence  south  on  a  plane  to  the 
south  curb  line  of  Seventeenth  street,  grade  elevation  102.  i 
feet,  thence  south  on  a  plane  to  the  north  curb  line  of  Eight- 
eenth street,  grade  elevation  103. 9  feet,  thence  south  on  a 
plane  to  the  south  curb  line  of  Eighteenth  street,  grade  eleva- 
tion 104. 1  feet,  thence  south  on  a  plane  to  the  north  curb  line 
of  Nineteenth  street,  grade  elevation  107. 2  feet,  thence  level  to 
the  south  curb  line  of  Nineteenth  street,  thence  level  I45  feet, 
thence  south   on   a   plane  to  the  north   curb   line  of  Twentieth 


2  50  REVISED    ORDINANCES. 

Street,  grade  elevation  105.2  feet,  thence  south  on  a  plane  to  the 
south  curb  line  of  Twentieth  street,  grade  elevation  104. 8  feet, 
thence  south  on  a  plane  290  feet  to  a  point,  grade  elevation 
96.6  feet,  thence  south  on  a  plane  40  feet  to  a  point,  grade  ele- 
vation 96  feet,  thence  south  on  a  plane  290  feet  to  a  point, 
grade  elevation  91  feet,  thence  south  level  40  feet,  thence 
south  on  a  plane  290  feet  to  a  point,  grade  elevation  92.5  feet, 
thence  south  level  40  feet,  thence  south  on  a  plane  to  the  north 
curb  line  of  Twenty-fourth  street,  grade  elevation  88.3  feet, 
thence  south  on  a  plane  to  the  south  curb  line  of  Twenty-fourth 
street,  grade  elevation  87.7  feet,  thence  south  on  a  plane  290 
feet  to  a  point,  grade  elevation  85  feet,  thence  ^outh  level  40 
feet,  thence  south  on  a  plane  to  the  north  curb  line  of  Twenty- 
eighth  street,  grade  elevation  78.1  feet. 

Sec.  204.  The  grade  of  Thomson  street,  between  Third 
street  and  Nineteenth  street,  shall  be  as  follows,  to  wit:  Com- 
mencing at  the  south  curb  line  of  Third  street,  grade  elevation 
1 10.3  feet,  thence  south  on  a  plane  to  the  north  curb  line  of 
F'ourth  street,  grade  elevation  i  i  1 .  i  feet,  thence  south  on  a 
plane  to  the  south  curb  line  of  Fourth  street,  grade  elevation 
I II. 5  feet,  thence  south  on  a  plane  to  the  north  curb  line  of 
Fifth  street,  grade  elevation  115.8  feet,  and  also  commencing  at 
the  north  curb  line  of  Broadway  street,  grade  elevation  104  feet, 
thence  level  to  the  south  curb  line  of  Broadway  street,  thence 
south  on  a  plane  to  the  north  curb  line  of  Ninth  street,  grade 
elevation  105  4  feet,  thence  south  on  a  plane  to  the  south  curb 
line  of  Ninth  street,  grade  elevation  105.6  feet,  thence  south  on 
a  plane  to  the  north  curb  line  of  Tenth  street,  grade  elevation 
1 10.7  feet,  thence  level  to  the  south  curb  line  of  Tenth  street, 
thence  south  on  a  plane  to  the  north  curb  line  of  Eleventh  street, 
grade  elevation  109. 4  feet,  thence  level  to  the  south  curb  line 
of  Eleventh  street,  thence  south  on  a  plane  to  the  north  curb 
line  of  Twelfth  street,  grade  elevation  11 1.2  feet,  thence  level 
to  the  south  curb  line  of  Twelfth  street,  and  also  commencing 
at  the  south  curb  line  of  Thirteenth  street,  grade  elevation  112.7 
feet,  thence  south  on  a  plane  to  the  north  curb  line  of  Fourteenth 


REVISED  ORDINANCES.  251 

Street,  grade  elevation  i  lO  feet,  thence  level  to  the  sou  h  curb 
line  of  Fourteenth  street,  thence  south  on  a  plane  to  the  north 
curb  line  of  Fifteenth  street,  grade  elevation  ill. 5  feet,  thence 
level  to  the  south  curb  line  of  Fifteenth  street,  and  also  com- 
mencing at  the  south  curb  line  of  Sixteenth  street,  grade  eleva- 
tion 109.5  ^eet,  thence  level  to  the  north  curb  line  of  Seventeenth 
street,  and  also  commencing  at  the  south  curb  line  of  Eight- 
eenth street,  grade  elevation  107. 9  feet,  thence  south  on  a  plane 
to  the  north  curb  line  of  Nineteenth  street,  grade  elevation 
106.7  ^eet. 

Sec.  205  The  grade  of  the  street  running  north  and 
south,  between  Thomson  avenue  and  Hancock  avenue,  and 
Thirteenth  street  and  Nineteenth  street,  shall  be  as  follows,  to- 
wit :  Commencing  at  the  south  curb  line  of  Thirteenth  street, 
grade  elevation  109  feet,  thence  south  on  a  plane  to  the  north 
curb  line  of  Fourteenth  street,  grade  elevation  113  feet,  thence 
level  to  the  south  curb  line  of  Fourteenth  street,  thence  south  on 
a  plane  to  the  north  curb  line  of  Fifteenth  street,  grade  ele- 
vation II0.3  feet,  thence  south  on  a  plane  to  the  south  curb  line 
of  Fifteenth  street,  grade  elevation  109. 7  feet,  thence  south  on  a 
plane  to  the  north  curb  line  of  Sixteenth  street,  grade  elevation 
103.2  feet,  thence  south  on  a  plane  to  the  south  curb  line  of  Six- 
teenth street,  grade  elevation  102.8  feet,  thence  south  on  a  plane 
to  the  north  curb  line  of  Seventeenth  street,  grade  elevation  98 
feet,  and  also  commmencing  at  the  south  curb  line  of  Eight- 
eenth street,  grade  elevation  98  feet,  thence  south  on  a  plane  to 
the  north  curb  line  of  Nineteenth  street,  grade  elevation  96  feet. 

Sec.  206.  The  grade  of  Hancock  avenue,  between  Third 
street  and  Nineteenth  street,  shall  be  as  follows,  to  wit:  Com- 
mencing at  the  south  curb  hne  of  Third  street,  grade  elevat  on 
117  feet,  thence  ^outh  on  a  plane  to  the  north  curb  line  ot 
Fourth  street,  grade  elevation  II8.4  feet,  thence  level  to  the 
south  curb  line  of  Fourth  street,  thence  south  on  a  plane  to  the 
north  curb  line  of  Fifth  street,  grade  elevation  II7  feet,  thence 
level  to  the  south  curb  line  of  Fifth  street,  thence  south  on  a 
plane    276  I-2    feet   to  a  point,  grade  elevation  113.2  feet,  thence 


252  REVISED  ORDINANCES. 

soutli  on  a  plane  40  feet  lo  a  poini,  grade  elevation  II2.8  feet, 
thence  south  on  a  plane  12 5  feet  to  a  point,  grade  elevation  III. 8 
feet,  thence  south  on  a  plane  40  feet  to  a  point,  grade  elevation 
III. 4  feet,  tl  ence  south  on  a  plane  275  feet  to  a  point,  grade 
elevation  107. 6  feet,  thence  south  on  a  plane  to  the  north  curb 
line  of  Broadway  street,  grade  elevation  102.80  feet,  thence 
south  on  a  plane  to  the  south  curb  line  of  Broadway  street, 
grade  elevation  102.2  feet,  thence  south  on  a  plane  to  the  north 
curb  line  of  Ninth  street,  grade  elevation  91. 7  feet,  thence  south 
on  a  plane  to  the  south  curb  line  of  Ninth  street,  grade  elevation 
91.3  feet,  thence  south  on  a  plane  to  the  north  curb  line  of 
Tenth  street,  grade  elevation  92.6  feet,  thence  south  on  a 
plane  to  the  south  curb  line  of  Tenth  street,  grade  elevation 
93.2  feet,  thence  south  on  a  plane  to  the  north  curb  line  of 
Eleventh  street,  grade  elevation  96.4  feet,  thence  south  on  a 
plane  to  the  south  curb  line  of  Eleventh  street,  grade  elevation 
96.8  feet,  thence  south  on  a  plane  to  the  north  curb  line  of 
Twelfth  street,  grade  elevation  99.8  feet,  thence  south  on  a 
plane  to  the  south  curb  line  of  Twelfth  street,  grade  elevation 
100.2  feet,  thence  south  on  a  plane  to  the  north  curb  line  of 
Thirteenth  street,  grade  elevation  113.3  feet,  thence  level  to 
the  south  curb  line  of  Thirteenth  street,  and  also  commencing 
at  the  south  curb  line  of  Fourteenth  street,  grade  elevation  107.9 
feet,  thence  south  level  150  feet,  thence  south  on  a  plane  to  the 
north  curb  line  of  Fifteenth  street,  grade  elevation  107  feet, 
thence  south  on  a  plane  to  the  south  curb  line  of  Fifteenth  street, 
grade  elevation  106.6  feet,  thence  south  on  a  plane  to  the  north 
curb  line  of  Sixteenth  street,  grade  elevation  97.2  feet,  thence 
south  on  a  plane  to  the  south  curb  line  of  Sixteenth  street,  grade 
elevation  96.8  feet,  thence  south  on  a  plane  to  the  north  curb 
line  of  Seventeenth  street,  grade  elevation  87.4  feet,  and  also 
commencing  at  the  south  curb  line  of  Eighteenth  street,  grade 
elevation  87  feet,  thence  level  to  the  north  curb  line  of  Nine- 
teenth street. 

Sec     207.      The    grade  of  Marvin   street,    between  Third 
and  Twentieth  streets,   shall  be  as  follows,   to-wit:      Commenc- 


REVISED  ORDINANCES.  2  53 

ing  at  the  north  curb  line  of  Third  street,  grade  elevation  115 
feet,  thence  level  to  the  south  curb  line  of  Third  street,  thence 
south  on  a  plane  to  the  north  curb  line  of  Fourth  street, 
grade  elevation  i  [6.4  feet,  thence  level  to  the  south  curb  line  of 
Fourth  street,  thence  south  on  a  plane  to  the  north  curb  line 
of  Fifth  street,  grade  elevation  114.5  feet,  thence  south  on  a 
plane  to  the  south  curb  line  of  Fifth  street,  grade  elevation 
1 14. 3  feet,  thence  south  on  a  plane  to  the  north  curb  line  of 
Sixth  street,  grade  elevation  107.5  feet,  thence  south  on  a  plane 
to  the  south  curb  line  of  Sixth  street,  grade  elevation  107.3 
feet,  thence  south  on  a  plane  to  the  north  curb  line  of  Seventh 
street,  grade  elevation  105.2  feet,  thence  south  on  a  plane  to 
the  south  curb  line  of  Seventh  street,  grade  elevation  104.8  feet, 
thence  south  on  a  plane  to  the  north  curb  line  of  Broadway 
street,  grade  elevation  102. 7  feet,  thence  level  to  the  south  curb 
line  of  Broadway  street,  thence  south  on  a  plane  to  the  north 
curb  line  of  Ninth  street,  grade  elevation  97.3  feet,  thence  south 
on  a  plane  to  the  south  curb  line  of  Ninth  street,  grade  eleva- 
tion 96.7  feet,  thence  south  on  a  plane  to  the  north  curb  line  of 
Tenth  street,  grade  elevation  89.4  feet,  thence  south  on  a  plane 
to  the  south  curb  line  of  Tenth  street,  grade  elevation  88.6 
feet,  thence  south  on  a  plane  to  the  north  curb  line  of  Eleventh 
street,  grade  elevation  83  feet,  thence  level  to  the  south  curb 
line  of  Eleventh  street,  thence  south  on  a  plane  to  the  north 
curb  line  of  Twelfth  street,  grade  elevation  86.8  feet,  thence 
south  on  a  plane  to  the  south  curb  line  of  Twelfth  street,  grade 
elevation  87.2  feet,  thence  south  on  a  plane  to  the  north  curb 
line  of  Thirteenth  street, grade  elevation  93.8  feet,  thence  south  on 
a  plane  to  the  south  curb  line  of  Thirteenth  street,  grade  elevation 
94.2  feet,  thence  south  on  a  plane  to  the  north  curb  line  of  F'our- 
teenth  street,  grade  elevation  99.5  feet,  thence  south  on  a  plane 
to  the  south  curb  line  of  Fourteenth  street,  grade  elevation  99.7 
feet,  thence  south  on  a  plane  to  the  north  curb  line  of  Fifteenth 
street,  grade  elevation  105  feet,  thence  level  to  the  south  curb 
line  of  Fifteenth  street,  thence  south  on  a  plane  to  the  north 
curb  line  of  Sixteenth  street,    grade   elevation   99.3  feet,  thence 


2  54  REVISED    ORDINANCES. 

south  on  a  plane  to  the  south  curb  line  of  Sixteenth  street, 
grade  elevation  98.7  feet,  thence  south  on  a  plane  to  the  north 
curb  line  of  Seventeenth  street,  grade  elevation  89.5  feet,  thence 
south  on  a  plane  to  the  south  curb  line  of  Seventeenth  street, 
grade  elevation  88.9  feet,  thence  south  on  a  plane  to  the  north 
curb  line  of  Eighteenth  street,  grade  elevation  79.4  feet,  thence 
south  on  a  plane  to  the  south  curb  line  of  Eighteenth  street, 
grade  elevation  78.6  feet,  thence  south  on  a  plane  to  the  north 
curb  line  of  Nineteenth  street,  grade  elevation  76.2  feet,  thence 
south  on  a  plane  to  the  south  curb  line  of  Nineteenth  street, 
grade  elevation  75.8  feet,  thence  south  on  a  plane  to  the  north 
curb  line    of  Twentieth  street,  grade  elevation  72.7  feet. 

Sec.  208.  The  grade  of  Montgomery  street,  between 
Third  street  and  Twentieth  street,  shall  be  as  follows,  to-wit : 
Commencing  at  the  north  curb  line  of  Third  street,  grade  ele- 
vation 116.80  feet,  thence  level  to  the  south  curb  line  of  Third 
street,  thence  south  on  a  plane  to  the  north  curb  line  of  Fourth 
street,  grade  elevation  118  feet,  thence  level  to  the  south  curb 
line  of  Fourth  street,  thence  south  on  a  plane  to  the  north  curb 
line  of  Fifth  street,  grade  elevation  1 17.2  feet,  thence  south  on  a 
plane  to  the  south  curb  line  of  Fifth  street,  grade  elevation 
117  feet,  thence  south  on  a  plane  to  the  north  curb  line  of  Sixth 
street,  grade  elevation  108.9  feet,  thence  south  on  a  plane  to  the 
south  curb  line  of  Sixth  street,  grade  elevation  108.3  ^eet,  thence 
south  on  a  plane  to  the  north  curb  line  of  Seventh  street,  grade 
elevation  99.8  feet,  .hence  south  on  a  plane  to  the  south  curb 
line  of  Seventh  street,  grade  elevation  99.2  feet,  thence  south  on 
a  plane  135  feet  to  a  point,  grade  elevation  96  feet,  thence 
south  on  a  plane  to  the  north  curb  line  of  Broadway  street, 
grade  elevation  94  feet,  thence  level  to  the  south  curb  line  of 
Broadway  street,  thence  south  on  a  plane  to  the  north  curb  line  of 
Ninth  street,  grade  elevation  89.9  feet,  thence  south  on  a  plane 
to  the  south  curb  line  of  Ninth  street,  grade  elevation  89.5  feet, 
thence  south  on  a  plane  to  the  north  curb  line  of  Tenih  street, 
grade  elevation  87.5  feet,  thence  south  on  a  plane  to  the  south 
curb  line  of  Tenth  street,  grade  elevation  87.3  feet,  thence  south 


REVISED    ORDINANCES.  255 

on  a  plane  to  the  north  curb  line  of  Eleventh  street,  grade  ele- 
vation 80.6  feet,  thence  south  on  a  plane  to  the  south  curb  line 
of  Eleventh  street,  grade  elevation  80.4  feet,  thence  south  on  a 
plane  to  the  north  curb  line  of  Twelfth  street,  grade  elevation  79 
feet,  thence  level  to  the  south  curb  line  of  Twelfth  street,  thence 
?outh  on  a  plane  to  the  north  curb  line  of  Thirteenth  street, 
grade  elevation  85.2  feet,  thence  south  on  a  plane  to  the  south 
curb  line  of  Thirteenth  street,  grade  elevation  85.6  feet,  thence 
south  on  a  plane  to  the  north  curb  line  of  Fourteenth  street, 
grade  elevation  92.3  feet,  thence  south  on  a  plane  to  the  south 
curb  line  of  Fourteenth  street,  grade  elevation  92.7  feet,  thence 
south  on  a  plane  to  the  north  curb  line  of  Fifteenth  street,  grade 
elevation  98  feet,  thence  level  to  the  south  curb  line  of  Fifteenth 
street,  thence  south  level  145  feet,  thence  south  on  a  plane  to 
the  north  curb  line  of  Sixteenth  street,  grade  elevation  97  feet, 
thence  south  on  a  plane  to  the  south  curb  line  of  Sixteenth 
street,  grade  elevation  96.4  feet,  thence  south  on  a  plane  to  the 
north  curb  line  of  Seventeenth  street,  grade  elevation  88.6  feet, 
thence  south  on  a  plane  to  the  south  curb  line  of  Seventeenth 
street,  grade  elevation  88  feet,  thence  south  on  a  plane  to  the 
north  curb  line  of  Eighteenth  street,  grade  elevation  80.8  feet, 
thence  south  o.i  a  plane  to  the  south  curb  line  of  Eighteenth 
street,  grade  elevation  80.2  feet,  thence  south  on  a  plane  to  the 
north  curb  line  of  Nineteenth  street,  grade  elevation  74.6  feet, 
thence  south  on  a  plane  to  the  south  curb  line  of  Nineteenth 
street,  grade  elevation  74  feet,  thence  south  on  a  plane  to  the 
north  curb  line  of  Twentieth  street,  grade  elevation  68.4  feet. 

Sec.  209.  The  grade  of  Brown  street  between  Third 
street  and  Twentieth  street,  shall  be  as  follows,  to-wit :  Com- 
mencing at  the  south  curb  line  of  fhird  street,  grade  elevation 
I  1 8. 1  feet,  thence  south  on  a  plane  to  the  north  curb  line  of 
F'ourth  street,  grade  elevation  119.5  feet,  thence  level  to  the 
south  curb  line  of  Fourth  street,  thence  south  on  a  plane  to  the 
north  curb  line  of  Fifth  street,  grade  elevation  117.4  feet, 
thence  south  on  a  plane  to  the  south  curb  line  of  Fifth  street, 
grade  elevation  117  feet,  thence  south  on   a   plane  to   the  north 


256  REVISED  ORDINANCES. 

curb  line  of  Sixth  street,  grade  elevation  io8  9  feet,  thence 
south  on  a  plane  to  the  south  curb  line  of  Sixth  street,  grade 
elevation  108.3  ^^^t,  thence  south  on  a  plane  to  the  north  curb 
line  of  Seventh  street,  grade  elevation  99.3  feet,  thence  south 
on  a  plane  to  the  south  curb  line  of  Seventh  street,  grade  ele- 
vation 98.7  feet,  thence  south  on  a  plane  to  the  north  curb 
line  of  Broadway  street,  grade  elevation  93  feet,  thence  level 
to  the  south  curb  line  of  Broadway  street,  and  also  com- 
mencing at  the  north  curb  line  of  Twelfth  street,  grade 
elevation  75.6  feet,  thence  level  to  the  south  curb  line  of 
Twelfth  street,  thence  south  on  a  plane  to  the  north  curb 
line  of  Thirteenth  street,  grade  elevation  77.3  feet,  thence 
south  on  a  plane  to  the  south  curb  line  of  Thirteenth 
street,  grade  elevation  TT .'J  feet,  thence  south  on  a  plane 
to  the  north  curb  line  of  Fourteenth  street,  grade  elevation  81 
feet,  thence  south  on  a  plane  to  the  south  curb  line  of  Four- 
teenth street,  grade  elevation  81. 6  feet,  thence  south  on  a  plane 
to  the  north  curb  line  of  Fifteenth  treet,  grade  elevation  87.3 
feet,  thence^  south  on  a  plane  to  the  south  curb  line  of  Fif- 
teenth street,  grade  elevation  87.7  feet,  thence  south  on  a  plane 
to  the  north  curb  line  of  Sixteenth  street,  grade  elevation  93.2 
feet,  thence  level  to  the  south  curb  line  of  Sixteenth  street, 
thence  south  level  150  feet,  thence  south  on  a  plane  to  the  north 
curb  line  of  Seventeenth  street,  grade  elevation  go. 2  feet,  thence 
south  on  a  plane  to  the  south  curb  line  of  Seventeenth  street, 
grade  elevation  89.8  feet,  thence  south  on  a  plane  to  the  north 
curb  line  of  Eighteenth  street,  grade  elevation  83  feet,  thence 
south  on  a  plane  to  the  south  curb  line  of  Eighteenth  street, 
grade  elevation  82.6  feet,  thence  south  on  a  plane  to  the  north 
curb  line  of  Nineteenth  street,  grade  elevation  76.3  feet,  thence 
south  on  a  plane  to  the  south  curb  line  of  Nineteenth  street, 
grade  elevation  75.7  feet,  thence  south  on  a  plane  to  the  north 
curb  line  of  Twentieth  street,  grade  elevation  67.3  feet. 

Sec.  210.  The  grade  of  Summit  street  between  Third 
street  and  Twentieth  street,  shall  be  as  follows,  to-wit:  Com- 
mencing at  the  south  curb   line   of  Third  street,   grade  elevation 


REVISED  ORDINANCES.  2  5/ 

1  16.3  feet,  thence  south  on  a  plane  to  the  north  curb  h'nc  of 
Fourth  street,  grade  elevation  114.7  feet,  thence  level  to  the 
south  curb  line  of  Fourth  street,  thence  south  on  a  plane  to  the 
noith  curb  line  of  Fifth  street,  grade  elevation  115.5  feet, 
thence  level  to  the  ,outh  curb  line  of  Fifth  street,  thence  south 
on  a  plane  to  the  north  curb  line  of  Sixth  street,  grade  elevation 
1 1 1.7  feet,  thence  south  on  a  plane  to  the  south  curb  line  of 
Sixth  street,  grade  elevation  i  1 1.3  feet,  thence  south  on  a  plane 
to  the  north  curb  line  of  Seventh  street,  grade  elevation  106.9 
feet,  thence  south  on  a  plane  to  the  south  curb  line  of  Seventh 
street,  grade  elevation  106.5  'eet,  thence  south  on  a  plane  to 
the  North  curb  line  of  Broadway  street,  grade  elevation  102.7 
feet,  thence  level  to  the  south  curb  line  of  Broadway  street, 
thence  south  on  a  plane  to  the  north  curb  line  of  Ninth  street, 
grade  elevation  96.3  feet,  thence  south  on  a  plane  to  the  south 
curb  line  of  Ninth  street  grade  elevation  95.7  feet,  thence  south 
on  a  plane  to  the  north  curb  line  of  Tenth  street,  grade  eleva- 
ation  91.7  feet;  thence  south  on  a  plane  to  the  south  curb  line 
of  Tenth  street,  grade  elevation  91.4  feet,  thence  south  on  a 
plane  to  the  north  curb  line  of  Eleventh  street,    grade  elevation 

83.1  feet,  thence  south  on  a  plane  to  the  south  curb  line  of 
Eleventh  street,  grade  elevation  82.7  feet,  thence  south  on  a 
plane  to  the  north  curb  line  of  Twelfth  street,  grade  elevation 
78.9  feet,  thence  south  on  a  plane  to  the  south  curb  line  of 
Twelfth  street,  grade  elevation  78.3  feet,  thence  south  on  a 
plane  to  the  north  curb  line  of  Thirteenth  street,  grade  elevation 

72.2  feet,  thence  south  on  a  plane  to  the  south  curb  line  of 
Thirteenth  street,  grade  elevation  71.8  feet,  thence  south  on  a 
plane  145  feet  to  a  point,  grade  elevation  71  feet,  thence  level 
to  the  south  curb  line  of  Fourteenth  street,  thence  south  on  a 
plane  to  the  north  curb  line  of  Fifteenth  street,  grade  elevation 
76.7  feet,  thence  south  on  a  plane  to  the  south  curb  line  of  1  if- 
teenth  street,  grade  elevation  TT .1  feet,  thence  south  on  a  plane 
to  the  north  curb  line  of  Sixteenth  street,  grade  elevation  82.8 
feet,  thence  south  on  a  plane  to  the  south  curb  line  of  Sixteenth 
street,  grade  elevation  83.2  feet,  thence  south  on  a  plane  to   the 


2  58  REVISED  ORDINANCES. 

north  curb  line  of  Seventeenth  street,  gra'^^  e  elevation  87.7  feet, 
thence  level  to  the  south  curb  line  of  Seventeenth  street,  thence 
south  on  a  p.ane  to  the  north  curb  line  of  Eighteenth  street, 
grade  elevation  86.3  feet,  thence  south  on  a  plane  to  the  south 
curb  line  of  Eighteenth  street,  grade  elevation  85.7  feet,  thence 
south  on  a  plane  to  the  north  curb  line  of  Nineteenth  street, 
g.ade  elevation  78.3  feet,  thence  south  on  a  plane  to  the  south 
curb  line  of  Nineteenth  street,  grade  elevation  ']'].']  feet,  thence 
south  on  a  plane  to  the  north  curb  line  of  Twentieth  street, 
grade  elevation  69.7  feet. 

Sec.  211.  The  grade  of  Engineer  street,  between  Tower 
avenue  and  Twenety-fourth  street,  shall  be  as  follows,  to-wit: 
Commencing  at  the  north  curb  line  of  Tower  avenue,  grade  ele- 
vation III. 8  feet,  thence  south  on  a  plane  to  the  south  curb  line 
of  Tower  avenue,  grade  elevation  III. 2  feet,  thence  south  on  a 
plane  to  the  north  curb  line  of  Jackson  avenue,  grade  elevation 
103.5  feet,  thence  south  on  a  plane  to  the  south  curb  line  of 
Jackson  avenue,  grade  elevation  103. 1  feet,  thence  south  on  a 
plane  to  the  north  curb  line  of  Walnut  stree;',  grade  ele- 
vation 100.2  feet,  whence  south  on  a  plane  to  the  south  curb 
line  of  Walnut  street,  grade  elevation  99.8  feet,  thence  south 
on  a  plane  to  the  north  curb  line  of  Chestnut  street,  grade 
elevation  96.9  feet,  thence  south  on  a  plane  to  the  south 
curb  line  of  Chestnut  street,  grade  elevation  96.5  feet,  thence 
south  on  a  plane  150  feet  to  a  point,  grade  elevation  95  feet, 
thence  south  on  a  plane  to  the  north  curb  line  of  Boonville  street, 
grade  elevation  98  feet,  thence  south  on  a  plane  to  the  south 
curb  line  of  Boonville  street,  grade  elevation  98.5  feet,  thence 
south  on  a  plane  to  the  north  curb  line  of  Saline  street, 
grade  elevation  105. 4  feet,  thence  south  on  a  plane  to  the  south 
curb  line  of  Saline  street,  grade  elevation  106  feet,  thence  south 
on  a  plane  to  the  north  curb  line  of  Howard  street,  grade  eleva- 
tion 115.72  feet,  thence  level  to  the  south  curb  line  of  Howard 
street;  and  also  commencing  at  the  M.,  K.  &  T.  Ry.  tracks, 
grade  elevation  115.1  feet,  thence  south  on  a  plane  to  the  north 
curb    line    of  Third    street,    grade  elevation    113. 7    feet,    thence 


REVISED  ORDINANCES.  2  59 

south  on  a  plane  to  the  south  curb  Hne  of  Third  street,  grade 
elevation  II3.5  feet,  thence  south  on  a  plane  to  the  north  curb 
line  of  Fourth  street,  grade  elevation  109  feet,  thence  south  on 
a  plane  to  the  south  curb  line  of  Fourth  street,  grade  elevation 
108.6  feet,  thence  level  to  the  north  curb  line  of  Sixth  street, 
thence  south  on  a  plane  tc  the  south  curb  line  of  Sixth  street, 
grade  elevation  108.4  feet,  thence  south  on  a  plane  to  the  north 
curb  line  of  Seventh  street,  grade  elevation  106.9  feet,  thence 
south  on  a  plane  to  the  south  curb  line  of  Seventh  street,  grade 
elevation  106.7  feet,  thence  south  on  a  plane  to  the  north  curb 
line  of  Broadway  street,  grade  elevation  108  feet,  thence  level 
to  the  south  curb  line  of  Broadway  street,  thence  south  on  a 
plane  to  the  north  curb  line  of  Ninth  street,  grade  elevation 
104  feet,  thence  south  on  a  plane  to  the  south  curb  line  of 
Ninth  street,  grade  elevation  103  6  feet,  thence  south  on  a  plane 
to  the  north  curb  line  of  Tenth  street,  grade  elevation  99.2, 
thence  south  on  a  plane  to  the  south  curb  line  of  Tenth  street, 
grade  elevation  98.8  feet,  thence  south  on  a  plane  to  the  north 
curb  line  of  Eleventh  street,  grade  elevation  89.2  feet,  thence 
south  on  a  plane  to  the  south  curb  line  of  Eleventh  street,  grade 
elevation  88.8  feet,  thence  south  on  a  plane  to  the  north  curb 
line  of  Twelfth  street,  grade  elevation  84.5  feet,  thence  south 
on  a  plane  to  the  south  curb  line  of  Twelfth  street,  grade  eleva- 
tion 83.9  feet,  thence  south  on  a  plane  to  the  north  curb  line  of 
Thirteenth  street,  grade  elevation  76.4  feet,  thence  south  on  a 
plane  to  the  south  curb  line  of  Thirteenth  street,  grade  eleva- 
tion ^6  feet,  thence  south  on  a  plane  to  the  north  curb  line 
of  F"ourteenth  street,  grade  elevation  69  feet,  thence  south  on 
plane  to  the  south  curb  line  of  Fourteenth  street,  grade  eleva- 
tion 68.8  feet,  thence  south  on  a  plane  to  the  north  curb  line  of 
Fifteenth  street,  grade  elevation  ^"J  feet,  thence  level  to  the 
south  curb  line  of  Fifteenth  street,  thence  south  on  a  plane  to 
the  north  curb  line  of  Sixteenth  street,  grade  elevation  71.4 
feet,  thence  south  on  a  plane  to  the  south  curb  line  of  Sixteenth 
street,  grade  elevation  72  feet,  thence  south  on  a  plane  to  the 
north  curb  line  of  Seventeenth  street,  grade  elevation  76.4  feet. 


260  REVISED  ORDINANCES. 

thence  south  on  a  plane  to  the  south  curb  line  of  Seventeenth 
street,  grade  elevation  ']']  feet,  thence  south  on  a  plane  to  the 
north  curb  line  of  Eighteenth  street,  grade  elevation  81.4  feet, 
thence  south  on  a  plane  to  the  south  curb  line  of  Eight- 
eenth street,  grade  elevation  82  feet,  thence  south  level  150 
feet,  thence  south  on  a  plane  to  the  north  curb  line  of  Nine- 
teenth street,  grade  elevation  80.3  feet,  thence  south  on  a 
plane  to  the  south  curb  line  of  Nineteenth  street,  grade  eleva- 
tion 79.7  feet,  thence  south  on  a  plane  to  north  curb  line  of 
Twentieth  street,  grade  elevation  72.3  feet,  thence  south  on  a 
plane  to  the  south  curb  line  of  Twentieth  street,  grade  elevation 
71.7  feet,  thence  south  on  a  plane  620  feet  to  a  point,  grade 
elevation  57  feet,  thence  south  on  a  plane  190  feet,  grade  ele- 
vation 55  feet,  thence  south  on  a  plane  320  feet  to  a  point, 
grade  elevation  69  feet,  thence  south  on  a  plane  to  the  north 
curb  line  of  Twenty-fourth  street,  grade  elevation  69.80  feet. 
Sec.  212.  The  grade  of  Wagner  street,  between  Third 
street  and  Fourteenth  street,  shall  be  as  follows,  to-wit :  Com- 
mencing at  the  north  curb  line  of  I'hird  street,  grade  elevation 
I  1 1.8  feet,  thence  south  on  a  pla'^^e  to  the  south  curb  line  of 
Third  street,  grade  elevation  1 1  1.2  feet,  thence  south  on  a  plane 
to  the  north  curb  line  of  Fourth  street,  grade  elevation  106.5 
feet,  thence  south  on  a  plane  to  the  south  curb  line  of  Fourth 
street,  grade  elevation  105.9  ^eet,  thence  south  on  a  plane  to 
the  north  curb  line  of  Fifth  street,  grade  elevation  100.4  feet, 
thence  south  on  a  plane  to  the  south  curb  line  of  Fifth  street, 
grade  elevation  100  feet,  thence  south  on  a  plane  to  the  north 
curb  line  of  Sixth  street,  grade  elevation  98.2  feet,  thence  south 
on  a  plane  to  the  south  curb  line  of  Sixth  street,  grade  elevation 
98  feet,  thence  south  on  a  plane  to  the  north  curb  line  of 
Seventh  street,  grade  elevation  96.1  feet,  thence  south  on  a 
plane  to  the  south  curb  line  of  Seventh  street,  grade  elevation 
95.7  feet,  thence  south  on  a  plane  to  the  north  curb  line  of 
Broadway  street,  grade  elevation  94  feet,  thence  south  level  to 
the  north  curb  line  of  Eleventh  street,  thence  south  on  a  plane 
to  the  south  curb  line  of   Eleventh   street,   grade  elevation  93.6 


REVISED  ORDINANCES.  26  I 

feet,  thence  south  on  a  plane  to  the  north  curb  Hne  of  Twelfth 
street,  grade  elevation  90.3  feet,  thence  south  on  a  plane  to  the 
south  curb  line  of  Twelfth  street,  grade  elevation  89.7  feet, 
thence  south  on  a  plane  to  the  north  curb  line  of  Thirteenth 
street,  grade  elevation  83.6  feet,  thence  south  on  a  plane  to  the 
south  curb  line  of  Thirteenth  street,  grade  elevation  83  feet, 
thence  south  on  a  plane  to  the  north  curb  line  of  Fourteenth 
street,  grade  elevation  73.50  feet. 

Sec.  213.  The  grade  of  Hurley  street,  between  Saline 
street  and  Howard  street,  shall  be  as  follows,  to-wit :  Commenc- 
ing at  the  north  curb  line  of  Saline  street,  grade  elevation 
108.4  ieet,  thence  south  on  a  plane  to  the  south  curb  line  of  Sa- 
line street,  grade  elevation  108. 8  feet,  thence  south  on  a  plane 
to  the  north  curb  line  of  Howard  street,  grade  elevation  1 16.4 
feet,  thence  level  to  the  south  curb  line  of  Howard  street. 

Sec.  214.  The  grade  of  Hill  street,  between  Tower  avenue 
and  Howard  street,  shall  be  as  follows,  to-wit:  Commencing 
at  the  north  curb  line  of  Tower  avenue,  grade  elevation  118.8 
feet,  thence  level  to  the  south  curb  line  of  Tower  avenue,  thence 
south  on  a  plane  to  the  north  curb  line  of  Jackson  street,  grade 
elevation  115  feet,  thence  level  to  the  north  curb  line  of  Walnut 
street,  thence  south  on  a  plane  to  the  south  curb  line  of  Walnut 
street,  grade  elevation  1 14.4  feet,  thence  south  on  a  plane  to 
the  north  curb  line  of  Chestnut  street,  grade  elevation  105. 3 
feet,  thence  south  on  a  plane  to  the  south  curb  line  of  Chestnut 
street,  grade  elevation  104.7  feet,  thence  south  on  a  plane  145 
feet  to  a  point,  grade  elevation  102  feet,  thence  south  on  a  plane 
to  the  north  curb  line  of  Boonville  street,  grade  elevation  103. 3 
feet,  thence  south  on  a  plane  to  the  south  curb  line  of  Boonville 
street,  grade  elevation  104  feet,  thence  south  on  a  plane  to  the 
north  curb  line  of  Saline  street,  grade  elevation  1 1 1  feet,  thence 
south  on  a  plane  to  the  south  curb  line  of  Saline  street,  grade 
elevation  1 1 1.6  feet,  thence  south  on  a  plane  to  the  north  curb 
line  of  Howard  street,  grade  elevation  I17.8  feet,  thence  level  to 
the  south  curb  line  of  Howard  street. 


262  REVISED  ORDINANCES. 

Sec.  215.  The  grade  of  Center  street,  between  Third 
street  and  Twelfth  street,  shall  be  as  follows,  to-wit :  Commenc- 
ing at  the  north  curb  line  of  Third  street,  grade  elevation  106.3 
feet,  thence  south  on  a  plane  to  the  south  curb  line  of  Third 
street,  grade  elevation  105.7  feet,  thence  south  on  a  plane  to 
the  north  curb  line  of  Fourth  street,  grade  elevation  101.3  feet, 
thence  south  on  a  plane  to  the  south  curb  line  of  Fourth  street, 
grade  elevation  100.7  ^^^t,  thence  south  on  a  plane  to  the  north 
curb  line  of  P'ifth  street,  as  it  now  runs  east  of  Center  street, 
grade  elevation  99.2  feet,  thence  south  on  a  plane  to  the  south 
curb  line  of  Fifth  street,  as  it  runs  west  of  Center  street,  grade 
elevation  95.4  feet,  thence  south  on  a  plane  to  the  north  curb 
line  of  Sixth  street,  as  it  runs  west  of  Center  street,  grade  ele- 
vation 91 .6  feet,  thence  south  on  a  plane  to  the  south  curb  line  of 
aforesaid  Sixth  street,  grade  elevation  91  feet,  thence  south  on  a 
plane  to  the  north  curb  line  of  Seventh  street,  grade  elevation  87.  i 
feet,  thence  south  on  a  plane  to  the  south  curb  line  of  Seventh 
street,  grade  elevation  86.5  feet,  thence  south  on  a  plane  to  the 
north  curb  line  of  Broadway  street,  grade  elevation  84.8  feet, 
thence  south  on  a  plane  to  the  south  curb  line  of  Broadway 
street,  grade  elevation  84.6  feet,  thence  south  on  a  plane  to 
the  north  curb  line  of  Ninth  street,  grade  elevation  93  feet, 
thence  level  to  the  south  curb  line  of  Tenth  street,  thence  south 
on  a  plane  to  the  north  curb  line  of  Eleventh  street,  grade  ele- 
vation 85.6  feet,  thence  south  on  a  plane  to  the  sou«-h  curb  line 
of  Eleventh  street,  grade  elevation  86  feet,  thence  level  to  the 
north  curb  line  of  Twelfth  street. 

Sec.  216.  The  grade  of  Randolph  street,  between  Saline 
street  and  Howard  street,  shall  be  as  follows,  to-wit:  Com- 
mencing at  the  north  curb  line  of  Saline  street,  grade  elevation 
1 14  feet,  thence  level  .to  the  south  curb  line  of  Saline  street,  thence 
south  on  a  plane  to  the  north  curb  line  of  Howard  street,  grade 
elevation  119.3  feet,  thence  level  to  the  south  curb  line  of 
Howard  street. 

Sec.  217.  The  grade  of  Porter  street,  between  a  point 
io6>4    feet    north    of    the    north    line    of     Seventh    street    and 


REVISED  ORDINANCES.  263 

Twelfth  Street,  shall  be  as  follows,  to-vvit :  Commencing  at  a 
point  106)4  feet  north  of  the  north  line  of  Seventh  street,  grade 
elevation  98  feet,  thence  south  on  a  plane  to  the  north  curb  line 
of  Seventh  street,  grade  elevation  95.4  feet,  thence  south  on  a 
plane  to  the  south  curb  line  of  Seventh  street,  grade  eleva- 
tion 95  feet,  thence  south  on  a  plane  to  the  north  curb  line 
of  Broadway  street,  grade  elevation  88.5  feet,  thence  level  to 
the  south  curb  line  of  Broadway  street,  thence  south  on  a  plane 
to  the  north  curb  line  of  Ninth  street,  grade  elevation  82.3 
feet,  thence  south  on  a  plane  to  the  south  curb  line  of  Ninth 
street,  grade  elevation  81.7  feet,  thence  south  on  a  plane  to 
the  north  curb  line  of  Tenth  street,  grade  elevation  77.2  feet, 
thence  south  on  a  plane  to  the  south  curb  line  of  Tenth  street 
grade  elevation  76.8  feet,  thence  south  on  a  plane  to  the  north 
curb  line  of  Eleventh  street,  grade  elevation  yy  feet,  thence 
level  to  the  north  curb  line  of  Twelfth  street. 

Sec.  218.  The  grade  of  New  York  avenue,  between 
Tower  avenue  and  Twenty-fourth  street,  shall  be  as  follows, 
to-wit :  Commencing  at  the  north  curb  line  of  Tower  avenue, 
grade  elevation  128  feet,  thence  south  on  a  plane  to  the  south 
curb  line  of  Tower  avenue,  grade  elevation  127.7  feet,  thence 
south  on  a  plane  to  the  north  curb  line  of  Jackson  avenue,  grade 
elevation  122.4  ^^et,  thence  south  on  a  plane  to  the  south  curb 
line  of  Jackson  avenue,  grade  elevation  122  feet,  thence  south  on 
a  plane  to  the  north   curb  line  of  Walnut  street,   grade  elevation 

1 20. 1  feet,  thence  south  on  a  plane  to  the  south  curb  line  of 
Walnut  street,  grade  elevation  119. 7  feet,  thence  south  on  a 
plane  to  the  north  curb  line  of  Chestnut  street,  grade  elevation 
1 17.8  feet,  thence  south  on  a  plane  to  the  south  curb  line  of 
Chestnut  street,  grade  elevation  1 17.4  feet,  thence  south  on  a 
plane  to  the  north  curb  line  of  Boonville  street,  grade  elevation 

116.2  feet,  thence  level  to  the  south  curb  line  of  Boonville  street, 
thence  south  on  a  plane  to  the  north  curb  line  of  Saline  street, 
grade  elevation  122  feet,  thence  level  to  the  south  curb  line  of 
Howard  street,  and  also  commencing  at  the  south  cuib  line  of 
Third  street,  grade  elevation  lo8  feet,  thence  south    on  a   plane 


264  REVISED  ORDINANCES. 

to  the  north  curb  line  of  Fourth  street,  grade  elevation  lio 
feet,  thence  level  to  the  south  curb  line  of  Fourth  street,  thence 
south  on  a  plane  to  the  north  curb  line  of  Fifth  street,  as  it  runs 
west  of  New  York  avenue,  grade  elevation  107. 8  feet,  thence 
level  to  the  south  curb  line  of  aforesaid  Fifth  street,  thence 
south  on  a  plane  to  the  north  curb  line  of  Sixth  street,  grade 
elevition  I09.5  feet,  thence  level  to  the  south  curb  line  of  Sixth 
street,  thence  south  level  I45  feet,  thence  south  on  a  plane  180 
feet  to  a  point,  grade  elevation  107. 4  feet,  thence  south  on  a 
plane  to  the  north  curb  line  of  Seventh  street,  grade  elevation 
105.6  feet,  thence  south  on  a  plane  to  the  south  curb  line  of 
Seventh  street,  grade  elevation  105. 2  feet,  thence  south  on  a 
plane  to  the  north  curb  line  of  Broadvv^ay  street,  grade  ele- 
vation loi  feet,  thence  level  to  the  south  curb  line  of  Broadway 
street,  thence  south  on  a  plane  to  the  north  curb  line  of  Ninth 
street,  grade  elevation  93  feet,  thence  south  on  a  plane  to  the 
south  curb  line  of  Ninth  street,  grade  elevation  92.4  feet,  thence 
south  on  a  plane  to  the  north  curb  line  of  Tenth  street  grade 
elevation  95  feet,  thence  south  on  a  plane  to  the  south  curb  line 
of  Tenth  street,  grade  elevation  84.6  feet,  thence  south  on  a 
plane  to  the  north  curb  line  of  Eleventh  street,  grade  elevation 
77.2  feet,  thence  south  on  a  plane  to  the  south  curb  line  of 
Eleventh  street,  grade  elevation  76.8  feet,  thence  south  on  a 
plane  to  the  north  curb  line  of  Twelfth  street,  grade  elevation 
73.7  feet,  thence  south  on  a  plane  to  the  south  line  of  Twelfth 
street,  grade  elevation  72.7  feet,  thence  south  on  a  plane  310 
feet  to  a  point,  grade  elevation  68.6  feet,  thence  south  on  a 
plane,  330  feet  to  a  point,  grade  elevation  64  feet,  thence  south 
on  a  plane  330  leet  to  a  point,  grade  elevation  61.5  feet,  thence 
south  level  40  feet,  thence  south  on  a  plane  to  the  north  curb 
line  of  Sixteenth  street,  grade  elevation  63.4  feet,  thence  south 
on  a  plane  to  the  south  curb  line  of  Sixteenth  street,  grade  ele- 
vation 63.6  feet,  thence  south  on  a  plane  290  feet  to  a  point, 
grade  elevation  65  feet,  thence  south  level  370  feet,  thence  south 
on  a  plane  290  feet  to  a  point,  grade  elevation  63.6  feet,  thence 
south  on  a  plane  40  feet  to  a  point,   grade  elevation  63    feet. 


REVISED  ORDINANCES.  265 

thence  south  on  a  plane  290  feet  to  a  point,  grade  elevation 
56.8  feet,  thence  south  on  a  plane  40  feet  to  a  point,  grade  ele- 
vation 56.2,  thence  south  on  a  plane  330  feet  to  a  point,  grade 
elevation  51  feet,  thence  south  on  a  plane  290  feet  to  a  point, 
grade  elevation  48  feet,  thence  south  on  a  plane  330  feet  to  a 
point,  grade  elevation  46  feet,  thence  south  on  a  plane  to  the 
north  curb  line  of  Twenty-fourth  street,  grade  elevation  41.8 
feet,  thence  south  on  a  plane  to  the  south  curb  line  of  Twenty- 
fourth  street,  grade  elevation  41.2  feet. 

Sec.  2ig.  The  grade  of  Western  avenue,  between  Tower 
avenue,  and  Walnut  street  shall  be  as  follows,  to-wit : 
Commencing  at  the  north  curb  line  of  Tower  avenue,  grade 
elevation  129.5  ^^et,  thence  level  to  the  south  curb  line  of 
Tower  avenue,  thence  south  on  a  plane  to  the  north  curb  line  of 
Jackson  street,  grade  elevation  127  feet,  thence  south  on  a 
plane  to  the  south  curb  line  of  Jackson  street  grade  elevation 
126.6  feet,  thence  south  on  a  plane  to  the  north  curb  line  of 
Walnut  street,  grade  elevation  124  feet,  thence  south  on  a  plane 
to  the  south  curb  line  of  Walnut  street,  grade  elevation  123.6 
feet. 

Sec.  220.  The  grade  ,of  Emmet  street,  between  Tower 
avenue  and  a  point  1 20  feet  south  of  the  south  line  of  Fifth  street, 
shall  be  as  follows,  to-wit:  Commencing  at  the  north  curb  line 
of  Tower  avenue,  grade  elevation  128.2  feet,  thence  level  to  the 
south  curb  line  of  Tower  avenue,  thence  sorth  on  a  plane  to  the 
north  curb  line  of  Jackson  street,  grade  elevation  129  feet, 
thence  level  to  the  south  curb  line  of  Jackson  street,  thence 
south  on  a  plane  to  the  north  curb  line  of  Walnut  street,  grade 
elevation  12 5.1  feet,  thence  south  on  a  plane  to  the  south 
curb  line  of  Walnut  street,  grade  elevation  124.5  feet,  thence 
south  on  a  plane  to  the  north  curb  line  of  Chestnut  street, 
grade  elevation  120. 5  feet,  thence  south  on  a  plane  to  the 
north  curb  line  of  Boonville  street,  grade  elevation  121.30  feet, 
thence  level  to  the  south  curb  line  of  Boonville  street,  thence 
south  on  a  plane  to  the  north  curb  line  of  Saline  street,  grade 
elevation  120.5  feet,  thence  level  to  the  south  curb  line  of  Saline 


266  REVISED  ORDINANCES. 

Street,  thence  south  on  a  plane  to  the  north  curb  hne  of  How- 
ard street,  grade  elevation  117. 2  feet,  thence  south  on  a  plane 
to  the  south  curb  line  of  Howard  street,  grade  elevation  II 5. 8  feet 
tiience  south  on  a  plane  170  feet  to  a  point,  grade  elevation 
115.8  feet,  thence  south  on  a  plane  to  the  north  curb  line  of 
Harvey  street,  grade  elevation  II6.6  feet,  thence  south  on  a 
plane  to  the  south  curb  line  of  Harvey  street,  grade  elevation 
116.8  feet,  thence  south  on  a  plane  to  the  M.,  K.  &  T.  Ry. 
tracks,  grade  elevation  118  feet,  and  also  commencing  120  feet 
north  of  the  porth  line  of  Fourth  street,  grade  elevation  118. 8 
feet,  thence  south  on  a  plane  to  the  north  curb  line  of  Fourth 
street,  grade  elevation  119. 6  feet,  thence  level  to  the  south  curb 
line  of  Fourth  street,  thence  south  on  a  plane  to  the  north  curb 
line  of  F"ifth  street,  grade  elevation  II8.2  feet,  thence  south  on  a 
plane  to  the  south  curb  line  of  Fifth  street,  grade  elevation  118 
fctt,  thence  south  on  a  plane  120  feet  to  a  point,  grade  eleva- 
tion 115  feet. 

Sec.  221.  The  grade  of  Eastern  avenue,  between  Jackson 
street  and  Walnut  street,  shall  be  as  follows,  to-wit :  Com- 
mencing at  the  north  curb  line  of  Jackson  street,  grade  elevation 
126.4  f^st,  thence  south  on  a  plane  to  the  south  curb  line  of 
Jackson  street,  grade  elevation  126  feet,  thence  south  on  a  plane 
to  the  north  curb  line  of  Walnut  street,  grade  elevation  122.8 
feet,  thence  south  on  a  plane  to  the  south  curb  line  of  Walnut 
street,  grade  elevation  122.3  ^^et. 

Sec.  222  The  grade  of  Depp  avenue,  between  Tower 
avenue  and  Linn  street,  shall  be  as  follows,  to-wit:  Commenc- 
ing at  the  north  curb  line  of  Tower  avenue,  grade  elevation  120 
feet,  thence  level  to  the  south  curb  line  of  Tower  avenue,  thence 
south  on  a  plane  to  the  north  curb  line  of  Jackson  street,  grade 
elevation  123.5  feet,  thence  level  to  the  south  curb  Hne  of  Jack- 
son street,  thence  south  on  a  plane  to  the  north  curb  line  of 
Walnut  street,  grade  elevation  120.7  feet,  thence  south  on  a 
plane  to  the  south  curb  line  of  Walnut  street,  grade  elevation 
120.3  feet,  thence  south  on  a  plane  to  the  north  curb  line  of 
Chestnut  street,  grade  elevation  116.3    feet,    thence   south  on  a 


REVISED  ORDINANCES.  267 

plane  to  the  south  curb  Ijne  of  Chestnut  street,  grade  elevation 
I  15.7  feet,  thence  south  on  a  plane  to  the  north  curb  line  of 
Boonville  street,  grade  elevation  109.  5  feet,  thence  level  to  the 
south  curb  line  of  Boonville  street,  then:e  south  on  a  plane  to 
the  north  curb  line  of  Saline  street,  grade  elevation  i  i  1.3  feet, 
thence  level  to  the  south  curb  line  of  Saline  street,  thence  south 
on  a  plane  to  the  north  curb  line  of  Howard  street,  grade  ele- 
vation 107.5  feet,  thence  level  to  the  south  curb  line  of  Hov/ard 
street,  thence  south  on  a  plane  to  the  north  curb  line  of  Harvey 
street,  grade  elevation  113.7  feet,  thence  south  on  a  plane  to 
the  south  curb  line  of  Harvey  street,  grade  elevation  II4.3 
feet,  thence  south  on  a  plane  to  the  M.,  K.  &  T.  Ry.  tracks, 
grade  elevation  115. 3  feet,  thence  south  on  a  plane  to  the  north 
curb  line  of  Linn  street,  grade  elevation  I17  feet. 

Sec.  223.  The  grade  of  Heard  avenue,  between  Tower 
avenue  and  Linn  street  shall  be  as  follows,  to-wit:  Commenc- 
ing at  the  north  curb  line  of  Tower  avenue,  grade  elevation 
I  17.7  feet,  thence  south  on  a  plane  to  the  south  curb  line  of 
Tower  avenue  grade  elevation  118.3  feet,  thence  south  on  a 
plane  to  the  north  curb  line  of  Jackson  street,  grade  elevation 
I  19.9  feet,  thence  south  on  a  plane  to  the  south  curb  line  of 
Jackson  street,  grade  elevation  120.  i  feet,  thence  south  on  a 
plane  to  the  north  curb  line  of  Walnut  street,  grade  elevation 
1 2  1. 5  feet,  thence  level  to  the  south  curb  line  of  Walnut  street, 
thence  south  on  a  plane  to  the  north  curb  line  of  Chestnut 
street,  grade  elevation  1 18.4  feet,  thence  south  on  a  plane  to  the 
south  curb  line  of  Chestnut  street,  grade  elevation  ii8  feet, 
thence  south  on  a  plane  to  the  north  curb  line  of  Boonville 
street,  grade  elevation  i  i  i  feet,  thence  south  on  a  plane  to  the 
south  curb  line  of  Boonville  street,  grade  elevation  i  10.6  feet, 
also  commencing  at  the  north  curb  line  Boonville  street,  grade 
elevation  1 12.2  feet,  thence  south  on  a  plane  to  the  south  curb 
line  of  Boonville  street,  grade  elevation  11 1.8  feet,  thence 
south  on  a  plane  to  the  north  curb  line  of  Saline  street,  grade 
elevation  102.6  feet,  thence  south  on  a  plane  to  the  south  curb 
line  of  Saline  steet,  grade  elevation  io2.  feet,  thence  south  level 


26S  REVISED    ORDINANCES. 

2IO  feet,  thence  south  on  a  plane  to  M.  K.  &  T.  Ry.  tracks, 
grade  elevation  109.5  ^^et,  thence  south  on  a  plane  to  the 
north  curb  line  of  Harvey  street,  grade  elevation  109  feet, 
thence  level  to  the  south   curb  line  of  Linn  street. 


CHAPTER   13. 
HEALTH    DEPARTMENT. 

.■\RTICLE  I.— Board    of  Health. 

ARTICLE  n. — Nuisances. 

ARTICLE  III. — Prevention  of  Spread  of  Contagious  Diseases. 

ARTICLE  IV.— Vital  Statistics. 

ARTICLE  v.— Quarantine  Regulations. 

ARTICLE  L 

BOARD  OF  HEALTH. 


Spxtion.  [  Section. 

224.  Who  constitutes,  how  appoint    i     227.   Board  of  Health,  Duties  of. 
ed,  compensation  of. 

225.  Secretary  of,  to  be  appointed 
by  Mayor. 

226.  Secretary,  duties  of 


228.  May  enter  cellars,  tenements, 
etc.,  in  the  discharge  of  their 
duties. 


Section  224.  There  is  hereby  constituted  and  established 
for  the  city  of  Sedalia,  a  board  of  health  to  consist  of  the  mayor 
of  said  city,  who  shall  be  ex-oflicio  president  thereof,  and  two 
practicing  physicians,  who  shall  be  appointed  by  the  mayor  and 
confirmed  by  the  council;  and  a  majority  of  said  board  shall 
constitute  a  quorum  for  the  transaction  of  such  business  as  shall 
be  required  by  the  charter  and  ordinances  of  the  city,  and  the 
rules  of  such  board  of  health;  in  the  absence  of  the  president 
the  member  not  filling  the  office  of  secretary  shall  preside. 
The  two  physicians  shall  be  appointed  in  such  manner  and  at 
such  time  as  other  appointive  officers  of  the  city  and  shall  hold 
their  offices  until  their  successors  are  elected  and  qualified. 
The  two  physicians  shall  receive  as  full   compensation   for    all 


REVISED    ORDINANCES.  269 

duties  imposed  by  the  charter  and  ordinances  and  the  rules  of 
the  board  of  health  the  sum  of  two  hundred  dollars  each  per 
annum,    payable  monthly  as  other  salaries. 

Sec.  225.  The  mayor  shall  as  soon  as  practicable  after 
the  organization  of  the  board  of  health,  in  each  and  every  year, 
appoint  one  of  said  physicians  secretary  of  said  board  of  health. 

Sec.  226.  The  secretary  of  the  board  of  health  shall  re- 
cord its  proceedings  in  a  suitable  book,  sign  all  notices,  keep  a 
strict  account  of  all  moneys  received  and  expended  by  said 
board  of  health,  and  in  general  perform  all  duties  prescribed  by 
the  said  board. 

Sec.  227.  It  shall  be  the  duty  of  the  board  of  health  to 
exercise  a  strict  supervision  over  the  sanitary  condition  of  the 
city  and  take  whatever  steps  may  be  necessary  to  prevent  the 
spread  or  prevalence  of  any  epidemic,  contagious  or  infectious 
disease;  and  shall  have  full  power  to  take  all  steps  and  use  all 
reasonable  measures  necessary  to  promote  and  maintain  the 
cleanliness  and  general  health  of  the  city.  The  physicians  so  ap- 
pointed shall  be  ex-ofificio  city  physicians  and  in  addition  to  the 
other  duties  imposed  upon  them  shall,  without  extra  charge 
attend  the  indigent  poor  of  the  city  when  called  on,  and  shall 
also  attend  all  persons  who  may  become  temporary  charges 
upon  the  city,  and  who  shall  need  medical  or  surgical  attend- 
ance; it  shall  be  their  duty  in  case  of  the  prevalence  of  small- 
pox to  vaccinate  the  indigent  poor  of  the  city  free  of  charge. 
The  burden  of  attending  the  poor  of  the  city  and  all  other 
duties  shall  be  shared  equally,  as  near  as  may  be,  by  the  city 
physicians. 

Sec.  228.  The  members  of  the  board  of  health,  the  city 
marshall,  every  policeman  and  any  agent  designated  by  the 
board  of  health,  are  authorized  to  enter  and  examine  all  cellars, 
tenements,  and  all  other  places  within  the  city,  for  the  purpose 
of  discharging  their  duty  as  prescribed  by  ordinance.  The 
secretary  of  the  board  of  health  shall  keep  at  his  offtce  a  book, 
in  which  any  person  may  enter  complaint  of  any  nuisance.  Said 
board   shall   immediately   make    an   investigation    of  such  com- 


2/0  REVISED  ORDINANCES. 

plaint  or  charge,  and  take  whatever  steps  may  be  necessary  to 
abate  the  same,  or  to  prosecute  before  the  poHce  judge,  the 
person  or  persons  doing  or  maintaining  the  same. 


ARTICLE   II. 

NUISANCES. 

vSection  [  Section 

229.  No  person  to  keep,  cause,  per-  !     235.   House  offal,  garbage  or  refuse, 
mil,  etc.  etc.,  when  a  nuisance. 

230.  Vegetable      waste,       garbage,  236.   Green  or  un.salted  hides,  when, 
filth,  etc.,  nuisance,  when.  237.  Slaughter  houses,  meat  shops. 

231.  Privy,  vault,  water  closet,  etc.,  j  etc  ,  when. 

when.  ;      23S.    Police  officers — duty  to    report 

232.  Drains,  gutters,   slop  or  garb-    I  all  nuisances. 

age  boxes,  etc.,  when.  239.    Misdemeanor  to    keep,    suffer, 

233.  Pond  or  pool  of  impure  water,  maintain,     etc.,      punishment 
etc.,  when.                                                         for. 

234.  Stable,   stall,   shed,   pen,    etc., 
when.  I 

Section  229.  No  person  shall  permit,  keep,  cause,  main- 
tain or  do  any  nuisance,  as  defined  by  the  laws  of  this  State, 
or  by  any  provisions  in  this  chapter  contained. 

"Sec.  2.^0.  All  vegetable  waste,  litter,  garbage,  filth,  or 
refuse  of  any  nature,  found  in  or  upon  any  street,  alley,  yard  or 
area  within  the  city,  shall  be  deemed  a  nuisance. 

Sec.  231.  Every  privy,  privy  vault  or  water  closet,  which 
shall  be  found  to  be  in  an  overflowing,  leaking  or  filthy  condi- 
tion, or  in  any  condition  dangerous  to  the  public  health  in  this 
city,  shall  be  deemed  a  nuisance. 

Sec.  232.  Any  unclean,  foul,  defective  or  filthy  drain, 
ditch  or  gutter,  or  any  leaking  or  broken  slop,  garbage  or  ma- 
nure boxes,  or  receptacles  of  like  character,  niaintained  or  kept 
in  the  city,  shall  be  deemed  a  nuisance. 

Sec.  233.  Any  lot,  or  piece  of  ground,  within  the  limits 
of  the  city,  on  which  is  situated  a  pond,  or  pool,  of  impure, 
unwholesome  or  offensive  water,  shall  be  deemed  a  nuisance. 

Sec.  234.  Any  stable,  stall,  shed,  pen,  yard,  or  appur- 
tenance in  which  any  horse,  cattle,   cow  or   swine    has  been,    or 


REVISED    ORDINANCES.  2/1 

shall  be,  kept,  in  the  city,  in  which  manure  or  liquid  discharges 
of  any  such  animal  ihall  collect,  or  which  shall  be  kept  in  an 
unclean,  foul,  filthy  or  unwholesome  condition,  shall  be  deemed 
a  nuisance. 

Sec.  235.  All  house  offal  or  garbage,  or  filth  or  refuse  of 
any  kind,  which  shall  be  deposited  otherwise  than  in  suitable 
barrels  or  boxes,  convenient  for  removal  by  scavengers  or  slop- 
contractors,  shall  be  deemed  a  nuisance. 

Sec.  236.  Any  green  or  unsalted  hides  kept  in  an  ex- 
posed or  open  place  within  the  city,  shall  be  deemed  a  nuisance. 

Sec.  237.  Any  slaughter  house,  market  or  meat  shop, 
where  beeves  or  other  animals  arc  slaughtered  or  sold,  which 
shall  be  kept,  or  permitted  to  be  kept,  in  an  unclean  or  un- 
wholesome condition,  to  the  annoyance  or  detriment  of  any  of 
the  citizens  of  the  city,  shall  be  deemed  a  nuisance. 

Sec.  238.  It  shall  be  the  duty  of  all  police  ol^cers  to  ob- 
serve and  examine  the  sanitary  condition  of  the  city,  and  to  re- 
port promptly  any  nuisance  found  to  exist  in  any  portion  of  the 
city. 

Sec.  239.  Every  person  who  shall  suffer,  maintain  or 
keep  a  nuisance  within  the  city  shall  be  deemed  guilty  of  a  mis- 
demeanor, and,  upon  conviction  thereof,  shall  be  punished  by  a 
fine  of  not  less  than  one  nor  more  than  one  hundred  dollars. 


272 


REVISED  ORDINANCES. 


ARTICLE  III. 


PREVENTION    OF    SPREAD    OF    CONTAGIOUS    DISEASES. 


Section 

240.  Board  of  health  to  prescribe 
regulations  and  provide  pest 
houses,  for  contagious  dis- 
eases, etc. 

241.  Report  of  infectious  disease, 
duty  of  board  concerning. 

242.  Sign  of  infection- disease  to  be 
put  up,  h6w  and  by  whom. 

243.  Person  exposed  or  having  dis- 
ease, to  procure  certificate 
from  physician. 

244.  To  enter  or  depart  from  house 
containing  case  of  small-pox, 
permission  of  physician  to  be 
had. 


Skction 
245    Such  permission  to  be  granted 
when. 

246.  Schools,  to  enter  as  pupil, 
must  have  certificate  of  board 
of  health. 

247.  Misdeanor  for  teacher  to  fail 
to  require  such  certificate, 
punishment. 

24S    Infectious  diseases  in  schools, 

duty  of  board. 
246.   Violation  of  this   article,  mis 

demeanor,  punishment. 


Section  240.  The  board  of  health  shall  prescribe  nec- 
essary quarantine  regulations,  and  provide  a  suitable  pest  house, 
at  or  near  the  city,  where  all  cases  infected  with  any  contagious 
disease  shall  be  conveyed,  if  deemed  best  by  the  said  board 
and  treated  and  provided  for  at  the  expense  of  the  city ; 
Provided,  that  nothing  in  this  section  shall  require  any  person 
so  infected  to  be  conveyed  to  said  pest  house  if  said  person 
shall  be  able  to  pay  for  suitable  treatment  at  home,  and  shall 
prevent  all  persons  from  coming  into  contact  with  said  contag- 
ion or  entering  said  premises. 

Sec.  241.  All  persons  having,  or  receiving  any  informa- 
tion of  a  person  suffering  with  any  infectious  disease,  shall  im- 
mediately report  the  same  to  the  said  board  of  health,  who 
shall  immediately  see  that  the  said  case  is  either  removed  to 
said  pest  house  or  that  the  premises  are  disinfected  as  fully  as 
may  be,  and  suitable  arrangements  made  to  prevent  all  com- 
munication between  the  persons  there  residing  and  persons 
outside. 

Sec.  242.  Every  person  in  this  city,  or  that  portion  of 
territory  over  which  the  city  exercises  jurisdiction  for  quarantine 
purposes,  within  six  hours  next   after   the    appearanne    of  small 


REVISED  ORDINANCES.  273 

pox,  or  any  other  infectious  disease,  in  his  or  her  house,  resi- 
dence or  place  of  abode,  shall  be,  and  is  hereby,  required  to 
put  up  and  keep  up,  in  the  most  conspicuous  place  on  such 
premises,  a  printed  or  painted  sign  of  suf^cient  size  to  attract 
attention,  indicating  the  disease  prevailing  therein. 

Sec.  243.  Every  person  having  small-pox  or  other  in- 
fectious disease,  or  attending  upon  any  one  having  the  same,  is 
hereby  prohibited  from  knowingly,  wilfully  or  carelessly  expos- 
ing others  to  such  disease,  before  he  or  she  shall  procure  a  cer- 
tificate from  the  attending  or  city  physician  that  such  term  of 
infection  has  passed. 

Sec.  244.  No  person  other  than  a  physician  shall  enter 
into,  or  depart  from,  any  tenement  or  other  place  containing  a 
case  of  small-pox,  without  the  permission  of  the  physician  at- 
tending on  such  case  of  small-pox. 

Sec.  245.  No  physician  shall  give  any  one  permission  to 
enter  into,  and  depart  from,  any  tenement  or  abode  containing 
any  case  of  small-pox,  except  to  persons  who  have  had  small- 
pox or  varioloid,  or  are  protected  by  any  efficient  vaccination, 
and  shall  not  then  grant  such  permission  to  any  such  person  to  de- 
part therefrom,  unless  he  shall  have  positive  knowledge  that  all 
such  persons,  before  coming  out  of  such  house,  shall  have 
changed  his  or  her  clothing,  and  disinfected  himself  or  herself 
in  an  apartment  separate  from  that  occupied  by  the  person  af- 
fected with  the  small-pox. 

Sec.  246.  No  person  shall  be  permitted  to  enter  any  of 
the  public  or  private  schools  of  the  city,  as  a  pupil  in  the  same, 
until  he  or  she  presents  to  the  principal  of  such  school  a  certifi- 
cate from  the  board  of  health,  showing  that  such  person  has 
been  effectually  vaccinated,  and  is  free  from  all  contagious 
disease. 

Sec.  247.  Any  teacher  or  principal  who  shall  fail  or  re- 
fuse to  enforce  the  provisions  of  the  next  preceding  section,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  punished  by  a  fine  of  not  less  than  one,  nor 
more  than  one  hundred  dollars. 


274  REVISED  ORDINANCES. 

Sec.  248.  Whenever  any  contagious  or  infectious  disease 
shall  manifest  itself  in  any  public  or  private  school  of  the  city, 
the  same  shall  be  promptly  reported  to  the  board  of  health,  and 
such  measures  shall  be  taken  by  them,  as  will  best  secure  the 
schools  against  the  spread  of  the  contagion. 

Sec.  249.  Every  person  who  shall  violate  any  of  the  pro- 
visions of  this  article,  not  otherwise  provided  for,  shall,  be 
deeme  i  guilty  of  a  misdemeanor,  and  upon  conviction  thereof, 
be  punished  by  a  fine  of  not  less  than  twenty  nor  more  than 
one  hundred  dollars. 


ARTICLE  IV. 

VITAL  STATISTICS. 


Section 
250.  Births  and  deaths,  record  of  to 

be  kept  by  the  city  clerk. 
25  T.  Report  of,  to  be  made  by  phy- 
sicians, midwives,  etc 

252.  Certificate  of  cause  or  manner 
of  death  to  be  made,  lot  and 
block  in  which  remains  were 
interred  must  be  indorsed  on 
certificate  and  returned. 

253.  Remains   shipped  out  of  city, 


Section 

receipt  of  express  company  to 
be  attached  to  certificate. 

254.  Inquests,  coroner  to  make  re- 
port of  to  mayor. 

255.  Board  of  health,  power  to  pre- 
scribe rules,  etc. 

256.  Misdemeanor  to  violate  the 
provisions  of  this  article,  pun- 
ishment. 


Section  250.  The  city  clerk,  under  the  immediate  super- 
vision of  the  board  of  health,  shall  keep  a  full  record  of  all  the 
births  and  deaths  within  the  city. 

Sec.  251.  It  shall  be  the  duty  of  every  practicing  physi- 
cian and  midwife  or  any  other  person  acting  as  nurse  or  having 
charge  of  any  person  who  has  given  birth  to  a  child,  or  any 
person  who  has  died  within  the  corporate  limits  of  the  city,  to 
report  the  same  to  the  city  clerk  on  proper  blanks,  which  blanks 
shall  be  furnished  by  the  board  of  health. 

Sec.  252.  Every  undertaker,  doing  business  in  the  city 
of  Sedalia,  shall  den: and  a  certificate  of  death,  properly  ordered 
by  the  mayor  and  attested  by  the   city   clerk,   setting   forth   the 


REVISED  ORDfXANCES.  2/5 

cause  or  manner  of  death  so  far  as  may  be  known,  and  as  set 
forth  by  the  attending  physician,  midwife  or  nurse;  and  he 
shall  also  notify  the  sexton  of  the  cemetery  when 
the  remains  are  to  be  interred,  and  that  he  has  obtained 
a  proper  certificate  from  the  mayor,  and  he  shall 
return  the  certificate,  having  endorsed  thereon  that 
the  remains  of  the  person  therein  named  were  properly 
identified,  and  giving  the  name  or  location  of  the  ceme- 
tery, number  of  lot  and  block  in  which  the  reniains  were 
interred  and  the  date  of  burial. 

Sec.  253.  If  the  remains  of  any  deceased  person  are  re- 
moved beyond  the  jurisdiction  of  the  city,  the  receipt  of  the 
express  company,  or  person  receiving  such  remains,  shall  be 
attached  to  and  returned  with  the  certificate. 

Sec.  254.  The  coroner  of  Pettis  county  shall  make  out 
and  forward  to  the  mayor  a  report  of  all  inquests  held  over 
bodies  of  deceased  persons  within  the  city  limits,  and  such  report 
shall  be  made  immediately  after  the  findmg  of  *he  jury  is 
known. 

Sec.  255.  The  board  of  health  shall  have  power  to  pre- 
scribe whatever  rules  they  may  deem  necessary  for  the  regula- 
tion of  vital  statistics  of  the  city,  and  such  rules  shall  be  strictly 
complied  with. 

Sec.  256.  Any  person  who  shall  violate  any  of  the  pro- 
visions of  this  article  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  punished  by  a  fine  of  not 
less  than  two  nor  more  than  twenty-five  dollars. 


2/6 


REVISED  ORDINANCES. 


ARTICLE  V. 

QUARANTINE    REGULATIONS. 


Section 

257.  Board  of  Health,  to  establish 
aiu'  enforce,  when. 

258.  Quarantine  regulations,  to  ap- 
ply to  what  persons  and  things. 

259.  Quarantine  regulations,  when 
to  be  established  and  extent 
of. 

260.  Notice  of,  to  be  given  to  car- 
riers of  passengers  or  freight, 
prescribing  methods  of;  fail- 
ure to  comply  with,  a  misde- 
meanor. 

261.  Railroad  train,  coming  from 
infected  district,  must  have 
permit;  failure  to  have,  a  mis- 
demeanor. 


Section 

262.  Immigrants,  passengers,  etc., 
to  be  sent  to  quarantine  sta- 
tion, when. 

263.  Orders  of  Board  of  Health, 
marshal  and  police  to  be  sub- 
ject to. 

264.  INIisdemeanor  to  violate  anj' 
quarantine  regulation ;  pun- 
ishment, when  not  specially 
provided  for. 

265.  Quarantine  station.  Board  of 
Health  to  procure,  when  and 
how. 


Section  257.  The  Board  of  Health  is  hereby  authorized 
and  empowered  to  establish  and  enforce  special  or  general  quar- 
antine regulations  within  the  limits  of  the  city  of  Sedalia,  when- 
ever, in  its  judgment,  the  sanitary  interests  of  the  city  demand 
the  same. 

Sec.  258.  Quarantine  regulations  are  hereby  defined  to 
apply  as  follows:  First,  to  all  passengers  and  their  baggage. 
Second,  to  passengers  or  baggage  respectively.  Third,  to 
freight  of  any  one  kind  or  character,  or  different  varieties  of 
freight  differing  in  kind,  character,  substance  or  material;  the 
extent  of  the  inhibition  or  prohibition  upon  passengers  or  freight 
coming  from  any  part  of  the  United  States  into  the  city  of  Se- 
dalia, shall  be  determined  by  the  Board  of  Health,  and,  when 
so  determined,  it  shall  be  made  of  record  in  the  proceedings  of 
ihe  Board. 

Sec.  259.  Whenever  the  Board  of  Health  shall  be  in 
possession  of  reliable  and  satisfactory  information  that  any  ma- 
lignant, infectious  or  contagious  disease  is  epidemic  in  any  por- 
tion of  the  country  with  which  the  city  of  Sedalia  has  communi- 
cation,   it    may    establish    and    enforce    quarantine    regulations 


REVISED  ORDINANCES.  2// 

against  such  portion  of  the  country,  and  it  may  determine  and 
regulate  to  what  extent,  in  what  manner,  and  by  whom  any 
communication  or  business  transactions  may  be  had  with  such 
portion,  either  by  the  citizens  of  such  portions  of  the  country  or 
of  the  city  of  SedaHa,  and  it  shall  establish  such  stringent  and 
necessary  rules  and  regulations  as  may  be  required  to  prevent 
the  introduction  or  spread  of  such  disease;  and  to  that  end  it  is 
hereby  authorized  to  employ  such  persons  as  it  may  deem  neces- 
sary, and  all  the  actions  of  such  Board  under  the  provisions  of 
this  section  must  be  approved  by  and  recorded  in  the  proceed- 
ings of  the  Board  of  Health. 

Sec.  260.  Whenever  the  Board  of  Health  shall  declare 
that  any  malignant,  infectious  or  contagious  disease  is  prevalent 
in  an  epidemic  form,  in  any  portion  of  the  country,  it  shall  im- 
mediately, or  as  soon  thereafter  as  possible,  notify  in  writing 
every  express  company,  transfer  company  teamster,  and  rail- 
road company  doing  business  in  the  city  of  Sedalia  and  engaged 
in  the  transportation  of  freight  and  passengers  to  or  from  the 
city  of  Sedalia  to  any  portion  of  such  country,  through  their 
representatives  or  principal  officers,  or  owners,  managers,  con- 
ductors, teamsters  or  directors,  that  quarantine  regulations  have 
been  established  and  will  be  rigidly  enforced  against  such  por- 
tion of  the  country,  stating  the  method  and  the  conditions  by 
and  upon  which  they  may  transmit  or  carry  passengers  or 
freight  to  or  from  the  city  of  Sedalia,  and  also  the  kind  or  char- 
acter of  freight  that  is  prohibited  from  entering  the  city,  and  all 
other  regulations  that  may  have  been  established  by  the  Board 
of  Health  in  relation  to  the  subject  matter.  Every  officer,  man- 
ager, owner,  director,  conductor  or  teamster  of  any  express 
company,  transfer  company,  team  or  railroad  company,  after 
having  received  such  notice,  failing  or  refusing,  in  whole  or  in 
part,  to  comply  with  the  restrictions  and  conditions  of  the  quar- 
antine regulations  as  established  by  the  Board  of  Health,  shall 
be  deemed  guilty  of  a  misdemeanor,  and,  upon  conviction  there- 
of before  the  police  judge  of  the  city  of  Sedalia,  shall  be  fined 
not  less  than  one  dollar  nor  more  than  one  hundred  dollars,    or 


2/8  REVISED    ORDINANCES. 

be  imprisoned  in  the  city  jail  for  a  time  not  exceeding  th'-ee 
months,  or  by  both  such  fine  and  imprisonment. 

Sec.  261.  No  raihoad  train  consisting  of  locomotive  and 
one  car  or  more,  coming  from  any  portion  of  the  country  in- 
fected with  any  malignant,  infectious  or  contagious  disease  in 
an  epidemical  form,  and  bound  for  the  city  of  Sedalia,  shall 
enter  said  city,  or  discharge  its  freight  or  passengers  within  the 
limits  of  the  city  of  Sedalia,  without  first  having  obtained  a  per- 
mit to  do  so  from  the  Board  of  Health,  or  some  other  officer  of 
the  city  designated  by  the  Board  of  Health.  Any  conductor  of 
any  railroad  train,  entering  the  city  with  freight  or  passengers, 
or  discharging  freight  or  passengers  within  the  city  of  Sedalia, 
without  first  having  obtained  a  permit  as  heretofore  designated, 
shall  be  deemed  guilty  af  a  misdemeanor,  and,  upon  conviction 
thereof,  before  the  police  judge  of  the  city  of  Sedalia,  shall  be 
fined  in  a  sum  not  less  than  one  dollar  nor  more  than  one  hun- 
dred dollars,  or  be  imprisoned  in  the  city  jail  for  not  to  exceed 
three  months,  or  by  both  such  fine  and  imprisonment. 

Sec.  262,  All  immigrants,  passengers,  or  others  recently 
from  shipboard  or  elsewhere,  and  all  sick,  diseased  or  unclean 
persons,  with  their  baggage  and  stores,  may,  on  their  arrival  in 
the  city  of  Sedalia,  be  sent  to  the  quarantine  station  provided  by 
the  city  for  such  purposes,  whenever,  in  the  opinion  of  the  Board 
of  Health,  the  same  is  deemed  necessary. 

Sec.  263.  Whenever  an  order  of  the  Board  of  Health  in 
relation  to  the  quarantine  regulations  of  the  city  of  Sedalia  shall 
be  made,  a  copy  of  the  same  shall  be  made  out  and  attested  by 
the  clerk  and  presiding  officer  thereof,  and  transmitted  to  the 
city  marshal,  who  shall  enter  the  same  of  record,  or  file  it  in  his 
office,  and  the  city  marshal  shall  cause  said  order  to  be  read  at 
least  twice  to  the  police  officers  of  the  city,  whether  they  be 
regular  or  special  ofificers,  and  the  marshal  and  police  shall  be 
subject  to  the  orders  of  the  Board  of  Health  in  the  enforcement 
of  the  quarantine  regulations  of  the  city. 

Sec.  264.  Any  person  or  persons  failing  or  refusing  to 
comply  with  the  quarantine  regulations  of  the  city  of  Sedalia,  as 


REVISED    ORDINANCES.  2/9 

established  by  the  Board  of  Health,  or  any  person  or  persons, 
resisting,  by  force  or  otherwise,  the  enforcement  of  the  quaran- 
tine regulations  in  the  city  of  Sedalia,  established  as  aforesaid, 
shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon  conviction 
thereof,  before  the  police  judge,  shall,  when  not  otherwise 
specially  provided  for,  be  fined  in  a  si|fii  not  less  than  one  dol- 
lar nor  more  than  one  hundred  dollars  for  each  offense. 

Sec.  265.  The  Board  of  Health  are  hereby  authorized 
and  empowered  to  procure,  at  a  reasonable  cost  of  rental,  for 
such  time  as  the  exigencies  of  the  case  shall  demand,  a  suitable 
place  to  be  used  as  a  quarantine  station,  whenever  by  them 
deemed  necessary  to  prevent  the  introduction  or  spread  of  any 
malignant,  infectious  or  contagious  disease,  and  the  city  council 
shall  order  warrants  drawn  from  time  to  time  to  meet  the  ex- 
penses of  such  quarantine  station,  and  all  other  matters  pertain- 
ing to  the  quarantine  regulations  of  the  city. 


28o 


REVISED  ORDINANCES. 


CHAPTER  14. 
LICENSES. 

ARTICLE  I. — Sundry  and  Miscellaneous  Licenses. 

ARTICLE  II. — Merchants  License?. 

ARTICLE  III.— Insurance  Licenses. 

ARTICLE  IV.— Railroad  Ticket  Brokers  Licenses. 

ARTICLE  I. 

SUNDRY    AND    MISCELLANEOUS    LICENSES. 


Section. 

266.  Licenses,  who  must  have,  gen- 
erally. 

267.  Definition  and  meaning  of 
words  and  phrases  used. 

268.  License  tax,  amount  of,  to  be 
levied  and  collected  for  mis- 
cellaneous businesses. 

269.  Billiard  and  pool  tables,  bowl- 
ing alleys,  pigeon  holes,  etc, 
amount  of  tax  to  be  levied  on. 

270.  Livery,  feed  and  sale  stables, 
wagon   yards,   license  tax  on. 

271.  Teams,  wagons  and  drays, 
carriages,  hacks,  etc.,  license 
tax  on. 

272.  Hotel  keeper,  license    tax    on. 

273.  Runner  of  hotel,  to  pa}-  license 
tax,  and  wear  badge,  failure 
to  a  misdemeanor. 

274.  Restaurant  stand,    license  on. 

275.  Bootblack,  license  tax  on 

276.  Agricultural  implements,  deal- 
er to  pay  what  license  tax. 

277.  Keeper  of  butcher  shop, 
license  tax  on,  meaning  of 
term. 

278.  Circuses,  menageries  and  side 
shows. 

279.  Theatrical  show  or  exhibition, 
not  in  licensed  house  or  hall. 

280.  Opera  house  keeper. 

281.  Rope  or  wire  dancing,  spirit 
rapping,  street  organ,  etc. 

282.  Peddlers  and  hawkers,  coun- 
try produce,  etc.,  excepted. 

283.  Auctioneer,  license  tax  on. 

284.  Licensed  auctioneer  may  sell 
at  retail  without  merchant's 
license,  when,  must  render 
statement  of  sales. 


Section 

285.  Duty  on  sales  by  auctioneer  to 
be  paid  city  treasurer,  bond 
for  same  to  be  given. 

286.  Failure  of  auctioneer  to  com- 
ply with  conditions  of  bonil, 
penalty,  license  not  transfei- 
able. 

287.  Pawn  and  money  broker  must 
have  license, 

288.  Pawnbroker,  who  declared  to 
be. 

289.  Bond  to  he  given  by  when  li- 
censed. 

290.  Pawnbroker  tc>  keep  register 
of  loans,  and  issue  tickets  for 
same. 

291.  Register  of  broker,  open  to  in- 
spection of  officers. 

■292.   Pawnbroker,  license  tax  on. 

293.  Goods  not  to  be  received  from 
minors,  or  between  8  p.  m. 
and  7  a   m. 

294.  Loan  not  to  be  made  on  divid- 
ed parts  of  property. 

295.  Misdemeanor  for  violation  of 
this  article. 

296.  Money  broker,  who  is. 

297.  Money  broker,  license  tax  on. 

298.  Wood  and  coal  dealer,  tax  on. 

299.  Ice  wagons,  tax  on. 

300.  License  not  to  authorize  doing 
business  on  Sunday. 

301.  Time  of  license  to  run 

302.  License  tax,  payable  in  ad- 
vance. 

303.  Misdemeanor,  to  do  business 
without,  penalty. 


REVISED  ORDINANCES.  28  I 

Sec.  266.  It  shall  be  unlawful  for  any  person  to  keep  a 
beer  depot,  or  beer  store  room,  to  exercise  or  carry  on  the  bus- 
iness of  an  auctioneer,  druggist,  hawker,  peddler,  banker, 
broker,  pawn-broker,  merchant  of  any  kind,  grocer,  restaurant 
keeper,  butcher,  tavern-keeper,  hotel-keeper,  or  the  keeper  of 
a  public  boarding  house,  dram-shop,  saloon,  billiard  tables, 
pool  tables,  or  any  other  kind  of  a  gaming  table,  bowling  alley, 
hay  scales,  or  to  exercise  the  business  of  lumber  dealer,  livery 
stable  keeper,  real  estate  agent,  loan  company,  loan  agent,  or 
to  keep,  manage  or  control  any  public  building,  public  hall, 
opera  house,  public  grounds,  concerts,  or  to  exercise,  or  follow 
the  avocation  of  photographer,  bill-poster,  artist,  agent,  porter, 
runner,  drummer,  public  lecturer,  conduct,  manage  or  control 
any  public  meeting,  give  or  cause  to  be  given,  performed  or 
exhibited  any  circus,  show,  parade  or  exhibition,  or  to  engage 
in  or  follow  the  avocation  of  horse  and  cattle  dealer,  patent  right 
dealer,  keeper  of  stock  yards,  keeper  of  wagon  yards,  in- 
spector, guager,  mercantile  agent,  insurance,  insurance  agent, 
manufacturer,  or  use,  operate  or  run  upon  the  streets  of  the 
city  for  hire,  or  upon  which  a  fare  is  charged,  any  street  rail- 
road car,  hackney  carriage,  omnibus,  cart,  dray,  transfer  wagon, 
job  wagon,  or  use  any  wagon  in  the  delivery  or  peddling  of  ice, 
or  use  any  vehicle  of  any  kind  for  hire  on  the  streets  of  the 
city,  or  keep  or  conduct  any  traveling  or  auction  store,  or  fol- 
low the  business  or  avocation  of  a  money  broker,  money 
changer,  ir,telligence  ofifice  or  agency,  or  shall  be  a  party  to,  or 
conduct,  or  manage  any  public  masquerade,  or  ball,  or  shall 
give  any  street  exhibition,  or  conduct  or  keep  any  dance  house, 
pistol  gallery,  or  shall  do  business  as  a  fortune  teller  or  corn  doc- 
tor, or  shall  keep  any  private  venereal  hospital,  museum,  me- 
nagerie, or  shall  keep  or  perform  or  cause  to  be  performed  any 
equestrian  performance,  or  shall  exhibit  any  horoscopic  views, 
or  telescopic  views,  or  shall  keep  or  manage  any  lung  tester, 
muscle  developer,  magnifying  glass,  ten-pin  alley,  ball-alley,  or 
shall  give,  keep,  or  cause  to  be  given,  or  permit  to  be  given,  in 
any  place  controlled   by  him   or    them,    any   theatrical  or  other 


282  RKVISED  ORDINANCKS. 

exhibition,  boxing  or  sparring  exhibition,  show  or  amusement, 
or  make  any  sales  of  unclaimed  goods  held  by  express  com- 
panies or  common  carriers,  without  first  having  obtained  a 
license  therefor  from  the  proper  ofificers  of  the  city,  and  pay  the 
license  therefor  fixed  by  ordinance. 

Sl-:c.  267.  The  foUowmg  definitions  of  phrases  and  words 
employed  in  this  article  are  hereby  adopted  ;  a  bill  poster  is 
one  who  conducts  the  business  of  posting  bills  in  advertising  any 
performance,  show,  exhibition  or  business  in  public  places  or  so 
as  to  be  conspicuous  to  the  travel  of  the  city.  A  money  broker 
shall  be  construed  to  mean  any  person,  firm,  company  or  cor- 
poration other  than  bankers  or  banking  corporations,  or  institu- 
tions in  the  meaning  of  this  section,  who  for  a  commission 
negotiates,  obtains  or  effects  loans  of  money  on  real  estate 
securities  or  on  collateral  security  or  personal  guaiantee,  or  who 
effects  or  negotiates  for  the  purchase  or  sale  or  stocks,  bonds, 
bills  of  exchange,  bullion,  coined  money  or  other  money  or  cur- 
rency, promissory  notes  or  other  securities,  for  themselves  or 
other  >  is  hereby  declared  to  be  a  financial  agent  or  broker.  Any 
person,  company,  or  corporation,  or  association,  other  than 
bankers,  banking  corporations  or  associations,  who  shall  follow 
the  business  or  avocation  of  loaning  money,  whether  for  them- 
selves or  others,  is  hereby  declared  to  be  a  lone  agent  or  com- 
pany as  the  case  may  be.  Every  person  who  shall  in  any  way 
deal  in  the  sale  of  patent  rights  or  the  procurement  of  patents 
for  inventions  is  hereby  declared  to  be  a  patent  right  dealer  or 
agent.  A  photographer  is  one  having  a  place  of  business 
where  the  taking  of  photographs  is  carried  on.  Every  person 
or  firm  composed  of  one  or  more  per^pns,  who  shall  act  as 
agent  for  any  party  in  the  leasing,  renting  or  selling  of  houses, 
or  real  estate,  at  private  or  public  sale,  or  who  shall  receive  or 
collect  rents  for  another  for  a  commission  or  other  compensation 
or  who  shall  advertise  or  hang  out  any  sign  or  device  which 
shall  designate  him  or  them  as  an  agent  or  agents  for  the  rent- 
ing, collecting  rents,  leasing  or  selling  houses  or  real  estate, 
shall  be  considered  a  real  estate  agent.      A  real  estate  broker   is 


REVISED  ORDINANCES.  283 

one  who  for  commission,  or  other  compensation,  is  engaged  in 
the  selling  of,  or  negotiating  sales  of  real  estate  belonging  to 
others.  A  horse  and  cattle  dealer  is  a  person  who  buys  or 
sells,  barters  or  trades  in  horses,  mules,  cattle,  hogs  or  sheep 
on  his  own  account,  without  being  the  keeper  of  a  stock  yard, 
or  sale  stable.  Every  person,  firm,  bank,  banking  company  or 
incorporated  institution  or  association,  having  a  place  of  busi- 
ness where  credits  are  opened  in  favor  of  any  one,  on  time  or 
current  deposits,  or  on  collections  of  money  or  currency,  sub- 
ject to  be  repaid  or  remitted  upon  drafts,  checks  or  orders,  or 
where  money  or  currency  is  advanced  or  loaned  on  stocks, 
bonds,  bullion,  bills  of  exchange  or  promissory  notes,  or  where 
stock,  bonds,  bullion,  bills  of  exchange  or  promissory  notes  are 
received  for  discount  or  sale,  is  hereby  declared  to  be  a  banker, 
banking  corporation  or  institution.  A  fortune  teller  is  one  who 
for  a  compensation,  tells,  or  pretends  to  foretell,  the  events  of 
one's  life,  or  one  who  pretends  to  a  knowledge  of  future  events. 
The  avocations  named  and  not  herein  given  a  particular  or 
special  definition  shall  be  construed  with  reference  to  the 
ordinary  use  of  the  term  or  any  special  signification  given  it  by 
custom  and  usage. 

Sec.  268.  Ther*^  shall  be  levied  and  collected  for  every 
license  granted  for  any  business  or  object  herein  specified  a 
license  tax  as  follows: 

First — Upon  every  loan  agent's  license,  twenty-five  dollars 
per  year,  or  fifteen  dollars  for  six  months. 

Second — Upon  every  loan  company's  license,  fifty  dollars 
per  year,  or  thirty  dollars  for  six  months. 

Third — Upon  every  patent  right  dealer  or  agent's  license, 
thirty  dollars  per  year,  twenty  dollars  for  six  months,  or  two 
dollars  per  day. 

Fourth — Upon  every  photographer's  license,  twenty  dollars 
per  year. 

Fifth — Upon  every  real  estate  agent's  license,  twenty-five 
dollars  per  year. 


284  REVISED    ORDINANCES. 

Sixth — Upon  every  real  estate  broker's  license,  twenty-five 
dollars  per  year. 

Seventh — Upon  every  horse  and  cattle  dealer's  license,  fif- 
teen dollars  per  year. 

Eighth — Upon  every  bank  or  banker's  license,  fifty  dollars 
per  year. 

Ninth — Upon  every  corn  doctor  s  license,  twenty  dollars 
per  year  or  two  dollars  per  day. 

Tenth — Upon  every  license  to  exhibit  horoscopic  views, 
two  dollars  p^r  day. 

Eleventh — Upon  every  license  to  keep  a  lung  tester,  two 
dollars  per  day  or  ten  dollars  per  year. 

Twelfth — Upon  every  fortune  teller's  license,  two  dollars 
per  day  or  twenty-five  dollars  per  year. 

Thirteenth- -XJ'^on  every  license  to  keep  muscle  developers, 
two  dollars  per  day  or  ten  dollars  per  year. 

Fourteenth — Upon  every  license  to  keep  a  hay  scales,  fifty 
dollars  per  year. 

Fifteenth — Upon  every  license  to  keep  or  use  a  street 
sprinkling  wagon  or  cart,  ten  dollars  per  year. 

Sixteenth — Upon  every  license  for  any  exhibition  or  show 
on  any  of  the  streets  of  the  city,  or  elsewhere  within  the  city 
limits,  to  which  a  fee  is  charged,  or  at  which  articles  are  sold 
or  offered  for  sale,  and  not  otherwise  licensed,  two  dollars  per 
day  or  twenty-five  dollars  per  year. 

Seventeenth — Upon  every  bill  poster's  license,  fifty  dollars 
per  year. 

Eighteenth — Upon  every  license  to  deliver  any  public  lec- 
ture, except  where  the  same  is  to  be  delivered  in  the  interests  of 
some  church,  school  or  charitable  institution  or  purpose,  five 
dallars  for  one  lecture  or  the  first  of  any  series  of  lectures,  and 
two  dollars  and  fifty  cents  for  each  succeeding  lecture. 

Nineteenth — Upon  every  license  to  keep  an  intelligence  or 
employment  ofifice  or  agency,  ten  dollars  per  year. 

Twentieth — Upon  every  license  to  use  a  magnifying  glass 
for  hire,  ten  dollars  per  year  or  one  dollar  per  day. 


REVISED  ORDINANCES.  285 

Twenty-first — Upon  every  license  to  conduct  any  gift  enter- 
prise, two  dollars  per  day  or  twenty  dollars  per  month. 

Twenty-second — Upon  every  license  to  give  any  boxing, 
sparring  or  wrestling  exhibition,  five  dollars  each. 

Twenty -third — Upon  every  license  to  conduct  or  permit 
any  sale  of  any  unclaimed  goods  in  the  possession  of  any  ex- 
press company  or  common  carrier,  five  dollars  for  each  day  a 
sale  is  made  or  conducted,  or  goods  offered  for  sale. 

Twenty-fourth — Upon  every  license  to  keep  or  conduct 
any  traveling  or  auction  store,  ten  dollars  per  day,  or  fifty  dol- 
lars per  month. 

Twenty-fiftJi — Upon  every  license  to  keep  a  beer  depot  or 
beer  wareroom  or  store-room, dollars  per  year. 

Twenty- six th^\5\)Ox\  every  hawker's  license,  two  dollars 
per  day 

Twenty-seve7ith — Upon  every  boarding  house  license,  ten 
dollars  per  year  or  five  dollars  for  six  months. 

Twenty-eighth — Upon  the  license  of  every  keeper  of  a 
public  building,  ten  dollars  per  year  or  five  dollars  for  six 
months. 

Twenty-ninth — Upon  the  license  of  every  keeper  of  public 
grounds, dollars  per  year. 

ThirtietJi — Upon  every  license  to  keep  a  stock  yard,  ten 
dollars  per  year. 

Thirty-first — Upon  every  inspector  or  guager's  license,  one 
dollar  per  day. 

Thirty-second — Upon  every  mercantile  agent's  license,  ten 
dollars  per  year. 

Thirty-third — Upon  every  manufacturer's  license,  one  dol- 
lar per  year.  • 

Thirty-fourth — Upon  every  street  car  license,  one  dollar 
per  year  for  each  car  used  regularly. 

Thirty-fifth — Upon  every  moneychanger's  license,  ten  dol- 
lars per  year. 

Thirty-sixth — Upon  every  license  for  any  masquerade,  or 
ball  or  dance  house,  ten  dollars  per  year. 


286  REVISED  ORDINANCES. 

Thirty-seventh — Upon  every  license  to  keep  any  private 
venereal  hospital,  twenty-five  dollars  per  year. 

Thirty-eigJitJi — For  exhibiting  any  telescopic  views  for 
hire  or  charge,  two  dollars  per  day. 

Sec.  269.  All  keepers,  owners  or  managers  ol  billiard  or 
pool  tables,  shall  pay  a  license  tax  for  every  six  months  of 
seven  dollars  and  fifty  cents  for  each  table;  and  every  owner, 
keeper  or  manager  of  a  ten  pin  alley,  or  bowling  alley,  shall 
pay  a  license  tax  for  every  six  months  of  ten  dollars ;  and 
every  owner,  keeper  or  manager  of  any  pigeon-hole,  bagatelle, 
or  Jenny  Lind  table,  shall  pay  a  license  tax  for  every  six 
months  of  five  dollars  for  each  table. 

Sec.  270.  All  owners  of  livery  stables,  shall  pay  a 
license  tax  of  ten  dollars  for  every  six  months,  and  two  dollars 
and  fifty  cents  per  year  for  every  two  seated  vehicle  kept  and 
used  upon  the  streets  of  this  city  for  hire ;  and  all  owners  of 
feed  and  sale  stables,  or  wagon  yards,  shall  pay  a  license  tax  of 
five  dollars. 

Sec.  271.  All  owners  of  teams,  wagons  or  drays,  shall 
pay  a  license  tax  of  five  dollars  for  every  two  horse  wagon  or 
dray,  used  for  hauling,  for  hire  within  the  city  limits,  and  for 
every  one  horse  wagon  so  used,  three  dollars;  and  all  owners 
of  carriages,  hacks,  buggies,  or  other  vehicles  used  in  trans- 
porting passengers,  for  hire,  within  the  city  limits,  shall  pay  a 
license  tax  for  every  six  months  of  five  dollars  for  every 
vehicle  so  used. 

Sce.  272,  Every  hotel  keeper  within  the  city  shall  pay 
a  license  tax  of  fifteen  dollars,  and  fifty  cents  additional  for 
every  room,  of  any  kind,  kept  in  such  hotel  for  the  accommo- 
dation of  guests;  and  the  word  "hotel,"  as  used  in  this  sec- 
tion, shall  be  construed  to  mean  and  include  all  houses  kept 
open  for  the  accommodation  of  travelers 

Sec  273.  Every  person  who  shall  ply  the  avocation  of 
runner  of,  or  solicit  guests  for  any  hotel  or  boarding  house, 
whether  controlled  by  himself  or  another,  shall  pay  a  license 
tax  of  seven  dollars  and   fifty  cents  for  every   six  months,  and 


REVISED  ORDINANCES.  28/ 

obtain  a  license  as  runner;  and  every  such  hotel  or  boarding- 
house  runner,  or  person,  shall,  while  plying  such  avocation,  or 
soliciting  such  i^uests,  wear  a  badge  on  the  outside  and  front  of 
his  hat,  or  cap,  on  which  shall  be  printed  or  written  plainly,  the 
name  of  the  hotel  or  house  for  which  he  runs  or  solicits  guests, 
and  any  person  who  shall  violate  any  of  the  provisions  of  this 
section,  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  con- 
viction thereof  be  punished  by  a  fine  of  not  less  than  one  nor 
more  than  one  hundred  dollars. 

Sec.  274.  Every  person  who  shall  keep  a  restaurant 
stand  shall  pay  a  license  tax  of  seven  dollars  and  fifty  cents  for 
every  six  months. 

Sec.  275.  Every  person  wl.o  shall  ply  the  avocation  of 
bootblack  upon  any  of  the  streets,  alleys  or  public  grounds  of 
the  city,  or  at,  or  around  any  of  the  railroad  depots  or  station 
houses,  shall  pay  a  license  of  three  dollars  for  every  six 
months. 

Sec.  276.  Every  dealer  in  agricultural  implements, 
whether  selling  on  his  own  account  or  for  others,  who  has  no 
regular  business  house,  shall  pay  a  license  tax  of  ten  dollars  for 
every  six  months. 

Sec.  277.  Every  person  who  shall  keep  a  butcher  shop 
within  the  city  limits  shall  pay  a  license  tax  of  twelve  dollars 
and  fifty  cents  for  every  six  months,  provided,  that  this  section 
shall  not  apply  to  a  person  i*enting  or  occupying  stalls  or  stands 
in  the  city  market  house;  and  the  term  "butcher  shop"  as  used 
above,  shall  be  construed  to  mean  all  places  wherein  fresh 
meats  are  kept  and  offered  for  sale ;  provided,  that  this  section 
shall  not  be  construed  so  as  to  include  regular  canners  and 
packers  of  meats  so  as  to  prevent  the  sale  of  spare-ribs,  pigs 
feet,  hogs  heads,  and  other  trimmings  and  offal  of  such  pack- 
ing house  or  canning  establishment;  and  provided  further,  that 
nothing  in  this  section  shall  be  so  construed  as  to  require  the 
payment  of  a  license  tax  upon  any  article  offered  for  sale,  or 
sold  by  the  raiser  or  producer. 


288  REVISED    ORDINANCES. 

Sec.  278.  Every  person,  company  or  corporation  ex- 
hibiting any  circus  or  menagerie  show,  shall  pay  a  license  tax 
of  one  hundred  dollars,  when  an  admission  fee  of  fifty  cents  is 
charged,  fifty  dollars  when  an  admission  fee  of  twenty-five  cents 
is  charged,  forty  dollars  when  an  admission  fee  of  twenty  cents 
is  charged,  and  twenty  dollars  when  an  admission  fee  of  ten 
cents  is  charged,  or  the  license  shall  be  in  dollars,  double  the 
number  of  cents  charged  for  admission  for  every  day  the  same 
shall  be  exhibited;  and  the  owners  and  managers  of  side  shows, 
or  animal  shows,  not  exhibited  under  the  main  circus  canvas, 
shall  pay  a  license  tax  of  ten  dollars  for  every  day  the  same 
shall  be  so  exhibited. 

Sec.  279.  Every  person,  company  or  corporation  who 
shall  be  the  owner  or  keeper  of  any  theatrical  show  or  exhibi- 
tion, who  shall  give  any  performance  or  make  any  exhibition 
in  any  opera  house  building,  hall  or  other  place  within  the  city, 
other  than  a  regularly  licensed  opera  house,  hall  or  building, 
shall  pay  for  every  such  performance  or  exhibition  a  license  tax 
of  five  dollars,  for  the  first  performance  or  exhibition,  and  the 
sum  of  two  dollars  and  fifty  cents  for  each  additional  perform- 
ance or  exhibition. 

Sec.  280.  Every  keeper  of  an  opera  house  shall  pay  a 
license  tax  of  one  hundred  dollars  per  year,  the  term  to  begin 
on  November  first  of  each  year. 

Sec.  281.  Every  person  who  shall  perform  any  rope  or 
wire  dancing,  or  spirit  rapping,  shall  pay  a  license  tax  for  every 
such  performance  of  five  dollars ;  and  every  person  who  shall 
exhibit  on  any  street,  or  in  any  public  place  in  this  city,  any 
street  organ,  musical  playing-box,  monkey  show,  or  any  other 
exhibition  whatever,  shall  pay  a  license  tax  of  one  dollar  for 
every  day's  performance;  Provided,  that  nothing  in  this  section 
shall  be  so  construed  as  to  require  a  license  tax  to  be  paid  by 
persons  exhibiting  or  performing  any  amateur  performances,  or 
performances  for  schools,  religious  or  charitable  purposes. 

Sec.  282.  Every  peddler  shall  pay  a  license  tax  of  twen- 
ty-five dollars  for  every  six  months,   or  three  doll  as  for  the  first 


REVISED    ORDINANCES.  289 

day  and  two  dollars  per  day  for  a  term  less  than  six  months,  for 
which  a  license  shall  be  granted  for  selling  within  the  city,  ex- 
cept peddlers  of  country  produce,  fish  and  game;  and  every 
hawker  of  goods,  wares,  merchandise,  nostrums  or  patent  medi- 
cines shall  pay  a  license  tax  of  five  dollars  for  the  first  day  he 
may  sell,  and  three  dollars  per  day  for  each  day  thereafter. 

Sec.  283.  Every  person  who  shall  exercise  the  trade  or 
business  of  auctioneer,  by  selling  any  goods  or  property  subject 
to  duty  under  ordinance,  or  any  real  estate,  shall  pay  a  license 
tax  as  follows:  First,  on  such  license  for  thirty  days  or  less, 
fifteen  dollars;  second,  on  such  license  for  three  months,  twenty 
dollars;  third,  on  such  license  for  six  months,  twenty-five  dol- 
lars; fourth,  on  such  license  for  the  first  day,  three  dollars,  and 
one  dollar  per  day  thereafter  for  a  term  less  than  one  month  ; 
but  no  person  shall  be  permitted  to  sell  property  of  any  kind  at 
auction  unless  he  shall  have  resided  in  this  state  six  months 
next  preceding  the  time  of  making  application   for  such  license. 

Sec.  284.  An)'  auctioneer,  licensed  as  prescribed  by  this 
article,  may  sell  or  retain  goods  at  his  auction  house,  without  a 
license  as  vendor  of  merchandise,  so  long  as  he  continues  the 
business  of  an  auctioneer  in  said  auction  store;  but  he  shall 
render  a  true  account  of  sale,  and  pay  the  like  duty  thereon  as 
if  such  sales  were  made  at  auction.  Sales  of  property  at  auction 
shall  be  free  from  duty  in  the  cases  specified  in  section  693  of 
the  Revised  Statutes  of  Missouri,   1889. 

Sec.  285.  There  shall  be  paid  into  the  city  treasury,  as 
ad  valorem  tax,  one-half  of  one  per  centum  of  the  proceeds  of 
the  sales  of  property  sold  at  auction,  or  retailed,  as  specified  in 
the  next  preceding  section,  and  in  order  to  secure  the  payments 
of  the  same,  the  applicant  for  an  auctioneer's  license  shall  enter 
into  a  bond,  with  two  sufificient  securities,  to  be  approved  by 
the  mayor,  in  a  sum  not  less  than  five  hundred  dollars,  condi- 
tioned that  he  will,  at  the  expiration  of  his  license,  give  to  the 
collector  a  true  statement  of  the  aggregate  amount  of  all  prop- 
erty or  goods,   subject  to  duty,  sold  by  him  at  auction  or  at  re- 


290  REVISED  ORDINANCES. 

tail,  as  hereinbefore  provided,    and  to   pay  to  the   collector    his 
said  tax  of  one-half  of  one  per  centum  on  all  such  sales. 

Sec  286.  Whenever  any  auctioneer  shall  fail  to  fulfill  the 
conditions  of  his  bond,  the  mayor  may  order  the  city  attorney 
to  prosecute  him  on  his  bond,  and  if  judgment  shall  be  rendered 
against  him,  in  addition  to  the  judgment  so  recovered,  his 
license  may  be  thereby  revoked  and  vacated,  if  so  adjudged  by 
the  court.  Nothing  contained  herein  shall  be  so  construed  as  to 
permit  any  auctioneer  to  transfer  his  license,  or  to  deputize  or 
authorize  any  other  person  to  act  in  the  capacity  of  auctioneer  in 
his  stead. 

Sec.  287.  No  person  shall  engage  in  the  business  of 
pawnbroker  or  money  broker  in  this  city,  without  first  having 
obtained  a  license  therefor. 

Sec.  288.  Any  person  who  loans  money  on  a  deposit  of 
personal  property  as  security,  or  who  deals  in  the  purchase  of 
personal  property  on  condition  of  selling  the  same  back  again  at 
a  stipulated  price,  or  who  makes  a  public  display  at  his  place  of 
business  of  the  sign  generally  used  by  pawn  brokers  to  denote 
their  business,  to-wit:  three  gilt  or  yellow  balls,  or  who  pub- 
licly exhibits  a  sign  of  "  money  to  loan  "  on  personal  property 
or  deposits,  is  hereby  declared  to  be  a  "  pawn  broker." 

Sec.  289.  Every  person  to  whom  a  license  shall  be 
granted  to  carry  on  the  business  of  a  pawn  broker  shall  enter 
into  a  bond  to  the  city  of  Sedalia,  with  good  and  sufficient  se- 
curity, to  be  approved  by  the  mayor,  in  the  penal  sum  of  five 
hundred  dollars,  conditioned  for  the  due  observance  of  all  ordi- 
nances that  may  be  passed,  or  be  in  force,  respecting  pawn 
brokers,  at  any  time  during  the  continuance  of  such  license. 

Sec.  290.  Every  pawn  broker  shall  keep  a  register  of  all 
loans,  which  register  shall  have  date  and  names  of  all  persons 
who  have  left  property  of  any  description  on  deposit ;  opposite 
such  name  and  date  shall  be  written  a  full  description  of  such 
property,  the  time  when  the  loan  falls  due,  the  amount  loaned, 
and  the  interest  charged.  In  addition  to  this,  he  shall  give  to 
the  party  negotiating  a  plamly  written  or  printed  ticket,  having 


REVISED    ORDINANCES.  2CJ\ 

upon  it  a  copy  of  the  entries  required  by  ordinance  to  be  kept 
in  his  register  of  loans,  and  for  such  tickets  he  shall  make  no 
charge. 

Sec.  291.  The  said  register  shall  at  all  times  be  open  to 
the  inspection  of  the  mayor,  city  marshal,  city  attorney,  sheriff 
of  Pettis  county,  and  the  constable  within  and  for  Sedalia  town- 
ship, or  any  person  duly  authorized  in  writing  by  any  of  them, 
who  shall  exhibit  to  the  pawn  broker  his  written  authority. 

Sec.  292.  Every  such  pawn  broker,  shall  pay  a  license 
tax  to  the  city  of  Sedalia  of  seven  dollars  and  fifty  cents  for 
every  six  months. 

Sec.  293.  No  pawn  broker  shall  receive,  by  way  of 
pledge  or  pawn,  any  goods,  articles  or  things  whatsoever  from 
any  minor,  at  any  time,  nor  from  any  person  whatsoever  be- 
tween the  hours  of  eight  o'clock  p.  m.  and  seven  o'clock  a.  m. 

Sec.  294.  No  pawn  broker  shall  make  any  loan  onthe 
separate  or  divided  part  or  parts  of  any  article  or  piece  of 
property. 

Sec.  295.  Any  pawn  broker  who  shall  neglect,  violate  or 
refuse  to  comply  with  any  of  the  provisions  of  this  article  con- 
cerning pawn  brokers,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof,  shall  be  fined  not  less  than  ten  dol- 
lars, nor  more  than  one  hundred  dollars  and  in  addition  to  such 
fine  his  license  may  be  ordered  forfeited,  if  so  adjudged  by  the 
police  judge  in  assessing  and  adjudging  of  such  fine  and  im- 
prisonment. 

Sec.  296.  Whoever  is  declared  by  the  laws  of  the  state  of 
Missouri,  or  by  the  government  of  the  United  States  to  be,  or 
who  exercises  the  profession  or  calling  of  a  money  broker,  shall 
be  so  considered  within  the  meaning  of  this  article. 

Sec.  297.  All  persons  exercising  or  following  the  profes- 
sion or  calling  of  money  brokers  shall  pay  to  the  city  of  Sedalia 
a  license  tax  of  fifty  dollars  per  annum,  thirty  dollars  for  six 
months. 

Sec.  298.  Every  wood  and  coal  dealer  shall  pay  a  license 
tax  of  thirty  dollars  per  year  in  advance,  and  the   term   of  such 


2Q2  Ri:\lSKI)  OKDINANCKS. 

license  .shall  commence  on  the  first  day  of  September,  and  all 
persons  who  are  now  engaged  or  who  may  hereafter  become 
engaged  in  the  business  of  wood  and  coal  dealers,  who  shall  ap- 
ply for  a  license  for  any  part  of  the  term  of  one  year  shall  pay 
a  pro  rata  amount  for  a  part  of  an  unexpired  term. 

Sec".  299.  Every  person  who  shall  drive  or  have  driven 
upon  the  streets  in  the  delivery  of  ice,  any  ice  wagon,  shall  pay 
for  every  such  wagon  a  license  tax  of  thirty  dollars  for  every 
year,  the  term  to  commence  on  the  first  of  May  of  each  year. 

Sec.  30b.  No  license  issued  under  the  provisions  of  this 
article  shall  be  so  construed  as  to  permit  any  person  to  exercise 
any  trade  or  calling,  or  carry  on  or  engage  in  any  bj.isiness  on 
the  first  day  of  the  week,  commonly  called  Sunday,  but,  to  do 
the  same  shall  be  unlawful ;  and  every  person  who  shall  cany 
on  any  business  in  the  city  of  Sedalia,  on  the  first  day  of  the 
week,  commonly  called  Sunday,  shall,  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  punished  by 
fine  of  not  less  than  one  nor  more  than  one  hundred  dollars; 
provided,  however,  that  grocery  or  drug  stores  may  be  opened 
to  sell  provisions  or  medicines  for  immediate  necessity  and 
demand,  and  livery  stables  may  be  kept  open  for  the  benefit  of 
the  public. 

Sec.  301.  All  licenses  required  by  the  provisions  of  this 
article  shall  run  for  a  period  of  six  months,  unless  as  otherwise 
hereinbefore  specially  provided,  and  shall  commence  on  the  first 
days  of  May  and  November  in  each  and  every  year,  or  at  the 
commencement  of  such  portion  of  a  term  as  the  person  receiv- 
ing the  license  shall  transact  the  business  for  which  the  same 
was  obtained.  When  any  person  shall  apply  for  a  license  after 
the  first  days  of  May  or  November,  or  after  the  first  day  of  a 
term  for  which  a  license  regularly  begins,  then  the  amount  he 
shall  pay  therefor  shall  be  to  the  full  amount  of  .such  license  for 
the  whole  term  as  the  time  from  the  date  of  the  license  to  the 
end  of  the  term  shall  be  to  the  whole  term,  or  be  pro  rated  and 
all   license   shall   run    in    the  name   of  the  city  and  be  signed  by 


REVISED    ORDINANCES. 


293 


mayor,  and  be  subscribed  by  the  city  clerk  and  attested  by  the 
the  seal  of  the  city. 

Sec.  302.  All  licenses  shall  be  payable  in  advance,  un- 
less otherwise  specially  provided,  to  the  collector,  upon  the  ex- 
hibition of  whose  receipt  the  city  clerk  shall  execute  and  deliver 
a  license  to  the  person  entitled  therto,  and  the  city  clerk  shall 
charge  the  collector  with  the  amount  of  such  license. 

Sec.  303.  Whoever  shall  exercise  any  of  the  avocations, 
or  carry  on  or  engage  in  any  business  for  which  a  license  is  re- 
quired under  the  provisions  of  this  article,  without  first  obtain- 
mg  a  license  therefor,  shall  be  deemed  guilty  of  a  misdemeanor; 
and  upon  conviction  thereof,  shall  be  punished  by  a  fine  of  not 
less  than  one  dollar,  nor  more  than  one  hundred  dollars. 


ARTICLE  II. 


merchants   license  and  tax. 


Section. 

304.  Merchants,    license    tax   on — 
terms  defined. 

305.  Ad  valorem  tax  on,  when  levied. 
,-06.  Statement     of,    when     made  - 

collector  charged  with  amonnt 


Section. 

307.   Statement  to  be  sworn  to. 
30S.   Failure   to   make   etc.,    misde- 
meanor. 
309.   License,  time  to  run. 


Section  304.  Every  person  or  co-partnership  of  per- 
sons, company  or  corporations  or  associations  who  shall  deal  in 
the  selling  of  goods,  wares  and  merchandise,  of  any  kind  what- 
ever, including  clocks,  at  any  stand  or  place  occupied  for  that  pur- 
pose within  the  city,  is  hereby  declared  to  be  a  merchant,  except 
as  is  or  may  be  orthervvise  provided  by  ordinance,  and  the  term 
"merchant"  as  used  herein  shall  be  construed  to  include  all 
merchants,  commission  merchants  and  grocers,  whether  trading 
as  wholesale  or  retail  dealers,  and  every  person  defined  to  be  a 
merchant  by  this  article,  before  doing  or  offering  to  do  business 
as  such  merchant,  shall  procure  from  the  city  clerk  a  license 
therefor,  for  which  he  shall  pay  to  the  city  collector  for  the  use 
of  the  city  a  license  tax  of  twenty  dollars. 


294  REVISED  ORDINANCES. 

Sec.  305.  Merchants  shall  pay  an  advalorem  tax,  equalto 
that  which  is  levied  upon  all  real  estate,  on  the  highest  amount 
of  all  goods,  wares  and  merchandise  which  they  may  have,  in 
their  possession  or  under  their  control,  whether  owned  by  them 
or  consigned  to  them  for  sale,  at  any  time  between  the  first  day 
of  March  and  the  tenth  day  of  June  in  each  year;  Provided, 
that  no  commission  merchant  shall  be  required  to  pay  any  tax 
on  any  unmanufactured  article,  the  growth  or  produce  of  this  or 
any  other  state,  which  may  have  been  consigned  for  sale,  and 
which  he  has  no  ownership  or  interest  other  than  his  commis- 
sion. 

Sec.  306.  On  the  tenth  day  of  June  in  each  year,  it  shall 
be  the  duty  of  every  person,  or  co-partnership  of  persons,  who 
shall  have  obtained  a  license,  as  provided  for  by  this  article,  to 
file  in  the  ofitice  of  the  city  clerk  a  statement  of  the  greatest 
amount  of  goods,  wares  and  merchandise  which  he  or  they  may 
have  had  on  hand  at  any  time  between  the  first  day  of  March 
and  the  said  tenth  day  of  June;  said  statement  shall  include 
goods,  wares  and  merchandise  owned  by  such  merchant,  and 
consigned  to  him  or  them  for  sale,  by  other  parties.  The  city 
clerk  shall,  on  or  before  the  first  day  of  July  following,  enter  an 
abstract  of  such  statement  in  a  book  to  be  provided  for  such 
purpose,  make  out  and  deliver  to  the  collector  a  copy  of  such 
abstract,  and  charge  the  collector  with  the  amount  of  such 
taxes. 

Sec.  307.  Such  statement  shall  be  signed  and  verified  by 
the  affidavit  of  such  person,  or  some  member  of  the  co-partner- 
ship, or  some  credible  person  having  the  means  of  knowing, 
for  him  or  the  co-partnership,  before  the  city  clerk,  or  some  ofifi- 
cer  authorized  by  law  or  ordinance  to  administer  the  oath,  that 
such  statement  contains  a  just  and  true  account  of  the  aggregate 
amount  of  all  goods,  wares  and  merchandise  taxable  by  law. 

Sec.  308.  Every  person,  or  co-partnership  of  persons, 
to  whom  a  license  shall  have  been  granted,  or  who  are 
required  to  obtain  a  license  to  vend  goods,  wares  and 
merchandise,     and     who    shall     have      filed     a    statement     as 


REVISED  ORDINANCES.  295 

herein  required,  and  failed  to  pay,  or  refused  to  pay, 
the  amount  of  revenue  so  owing  to  the  collector  of  the  city, 
or  who  shall  fail  to  make  a  statement  above  required,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  punished  by  a  fine  of  not  less  than  twenty-five,  nor  more 
than  one  hundred  dollars. 

Sec.  309.  Merchants'  licenses  shall  run  for  a  period  of 
twelve  months,  and  commence  on  the  tenth  day  of  June  in  each 
and  every  year,  and  whenever  any  person  shall  commence  the  busi- 
ness of  merchandising  after  the  tenth  day  of  June  in  any  year,  he 
shall,  on  or  before  the  first  day  of  the  succeeding  month,  file  his 
statement  as  herein  required,  and  shall  pay  the  same  rate  of  tax- 
as  other  merchants,  to  be  estimated  as  the  time  from  the  day  on 
which  he  commenced  business  to  the  said  tenth  day  of  June  next 
succeeding  shall  be  to  one  year. 


ARTICLE  III. 


INSURANCE  LICENSE. 


Section. 

313.  Must  have  license — tax,  time  to 

run,  etc. 

314.  Failure    to    have,    etc,    misde- 

meanor. 


Section. 

310.  Insurance   companies,     license 

tax  on,  time  to  run,  etc. 

311.  License,    not     to    have,  misde- 

meanor. 

312.  Insurance    agent     and    broker. 

who  is 

Section  310.  No  person,  company  or  corporation  shall 
carry  on,  or  do,  or  offer  to  do  any  insurance  business  of  any 
kind  whatever  in  this  city,  in  person  or  by  agent,  without  first 
having  obtained  a  license  therefor,  for  which  shall  be  paid  a 
license  tax  of  twenty-five  dollars  for  every  twelve  months,  and 
the  term  of  such  license  shall  begin  on  the  first  day  of  June  of 
each  year,  the  amount  shall  be  pro  rata  when  the  application  is 
made  after  June  first.  Agents  representing  more  than  one  com- 
pany shall  procure  a  separate  license  for  each,  and  shall  pay 
therefor  twenty-five  dollars  for  each  license  issued. 


296  REVISED  ORDINANCES. 

Sec.  311.  Any  person  who  shall  act  as  the  agent  of,  or  who 
shall  solicit,  or  transact  any  insurance  business  for  or  in  behalf  of 
any  insurance  company  in  this  city,  not  having  a  license  to  do  an 
insurance  business,  as  provided  in  the  preceding  section,  shall  be 
deemed  guilty  of  a  misdemeanor  and  on  conviction,  shall  be 
punished  by  a  fine  of  not  less  than  twenty-five  dollars  nor  more 
than  one  hundred  dollars. 

Sec.  312.  Every  person,  firm  or  corporation  while  being 
or  acting  as  an  accredited  agent  of  any  insurance  company  in 
this  city,  and  keeping  an  account  with  said  insurance  company  for 
money  collected  or  remitted,  who  shall,  in  favor  of  any  person, 
firm  or  corporation,  for  commission  or  compensation,  effect  or 
place  or  cause  to  be  effected  or  placed,  or  shall  negotiate  for, 
or  obtain  authority  to  effect  or  place  any  insurance  or  insur- 
ance risk  in  any  insurance  company  of  which  he  is  not  an  ac- 
credited agent,  is  hereby  declared  to  be  an  insurance  agent  or 
broker. 

Sec.  313.  No  person  shall  do  any  business  in  this  city  as 
an  insurance  agent  or  broker,  as  defined  in  the  next  preceding 
section  without  first  having  obtained  a  license  as  such,  and  every 
insurance  agent  or  broker  shall  pay  a  license  tax  of  ten  dollars 
for  every  twelve  months,  and  the  term  of  such  license  shall  begin 
on  the  first  day  of  June  of  each  year,  and  run  for  one  year.  The 
amount  charged  for  all  licenses  for  a  part  of  an  unexpired  term 
shall  be  pro  rata. 

Sec.  3H-  Any  person  violating  any  of  the  provisions  of 
the  preceding  section,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction,  shall  be  fined  not  less  than  one  dollar  nor 
more  than  one  hundred  dollars. 


J 


REVISED  ORDINANCES.  297 

ARTICLE  IV. 

RAILROAD    TICKET    BROKERS. 


Section 

315.  Ticket   broker,  must   have   li- 
cense. 

316.  Who  deemed  a  broker. 

317.  License  tax  on,  time  of,  etc. 


Section 

318.  Must  file  bond  with  clerk. 

319.  Mi.sdemeanor    to    violate  this 
article. 


Section  315.  No  person  or  copartnership  of  persons  or 
company  shall  exercise  within  the  city  of  Sedalia  the  business  of 
broker  or  dealer  in  railway  or  railroad  passenger  tickets  without 
first  having  obtained  a  license  therefor,    as  hereinafter  provided. 

Sec.  316.  A  railway  ticket  broker  is  one  who,  for  a  con- 
sideration, sells  railway  passenger  tickets,  or  fractional  parts  of 
such  tickets,  purporting  to  be  good  for  one  or  more  persons  to 
travel  to  and  from  certain  places  on  a  railroad  train,  or  who 
buys  railway  or  ra  Iroad  tickets  from  the  general  public  at  prices 
less  than  such  tickets  are  sold  by  the  company  who  originally 
issued  the  tickets. 

Sec.  317.  There  shall  be  levied  and  collected  on  every 
license  granted  under  this  ordinance,  the  sum  of  ten  dollars,  be- 
fore the  delivery  thereof.  Each  license  shall  be  granted  for  one 
year,  and  on  its  face  shall  plainly  express  that  it  will  be  forfeited 
by  any  violation  of  this  irticle,  and  shall  also  show  plainly  the 
time  when  it  shall  expire,  together  with  the  name  of  the  person 
authorized  to  do  business  under  the  license,  and  also  express  on 
its  face  that  the  license  shall  entitle  the  person  named  therein  to 
carry  on  the  business  of  ticket  broker  at  one  office  only. 

Sec.  318.  No  license  shall  be  granted  under  this  article 
until  the  person  or  persons  applying  therefor  shall  have  filed 
with  the  collector  a  bond  with  one  or  more  good  and  sufficient 
securities,  to  be  approved  by  the  city  clerk,  in  the  sum  of  two 
hundred  dollars,  conditioned  that  the  said  railway  ticket  broker 
will  refund  to  any  purchaser,  or  purchaser's  agent,  the  money 
paid  to  said  railway  ticket  broker,  on  any  ticket  that  shall  be 
rejected  or  declared    not    good  by  the   company's   agent,  for   a 


298  REVISED  ORDINANCES. 

passage  on  tlie  railway  for  which  said  broker  sold  such  tickets; 
Provided,  that  all  such  ticket  brokers  shall  furnish  the  buyer 
with  a  schedule  describing  the  number  and  kind  of  ticket,  signed 
by  the  seller's  name. 

Sl.C.  319.  Every  person  violating  the  provisions  of  this 
article  shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon 
conviction  thereof,  shall  be  fined  not  less  than  one  dollar  nor 
more  than  one  hundred  dollars. 


CHAPTER  15. 
LIGHTS. 

Section  320.     For  streets,  etc.,  council  to  provide  for. 

Section  320.  The  council  may  provide  for  and  regulate 
the  lighting  of  streets  and  the  erection  of  lamp-posts,  poles  and 
lights  therefor,  and  shall  have  power  to  make  contracts  with  any 
person  or  association  or  corporation  for  the  lighting  of  the 
streets  and  other  public  places  of  the  city  with  gas,  electricity 
or  otherwise;  provided,  that  no  such  contract  shall  be  made  for 
a  longer  time  than  ten  years ;  provided  furtJier,  that  no  such 
contract  shall  have  any  legal  force  until  the  same  shall  have 
been  ratified  by  a  two-thirds  majority  of  the  qualified  voters  of 
said  city,  voting  at  an  election  held  for  that  purpose.  The 
council  shall  have  the  right  also,  to  erect,  maintain  and  operate 
gasworks,  electric  light  works  or  light  works  of  any  other  kind 
or  name,  and  to  erect  lamp-posts,  electric  light  poles,  or  any 
other  apparatus  or  appliances  necessary  to  light  the  streets, 
avenues,  alleys  or  other  public  places,  and  to  supply  private 
lights  for  the  use  of  the  inhabitants  of  the  city  and  its  suburbs, 
and  to  regulate  the  same,  and  to  prescribe  and  regulate  the 
rates  to  be  paid  by  the  consumers  thereof,  and  to  acquire  by 
purchase,  donation  or  condemnation,  suitable  ground  within  or 
without  the  city  upon  which  to  erect  such  works,  and  the  right 


REVISED  ORDINANCES.  299 

of  way  to  and  from  said  works,  and  also  the  right  of  way  for 
laying  gas-pipes,  electric  wires  under  or  abo\'e  the  ground,  and 
erecting  posts  and  poles  and  such  other  apparatus  and  appli- 
ances as  may  be  necessary  for  the  efficient  operation  of  such 
works;  provided,  that  the  council  may,  in  its  discretion,  grant 
the  right  to  any  person  or  persons,  or  corporation  to  erect 
such  works  and  lay  the  pipe,  wires  and  erect  the  posts,  poles 
or  other  necessary  apparatus  and  appliances  therefor,  upon  such 
terms  as  may  be  prescribed  by  ordinance ;  provided  furtJier, 
that  such  right  to  any  such  person,  persons  or  corporation  shall 
not  extend  for  a  longer  period  than  twenty  years,  and  shall  not 
be  granted  nor  renewed  unless  by  consent  of  a  majority  of  the 
qualified  voters  of  the  city,  voting  at  an  election  held  for  such 
purpose 


300 


REVISKI)  ORDINANCES. 

CHAPTER  16. 


MARKKT     HOUSE 


Section, 

32  [.   Location  of. 

322.  Stands,  outside  of  Market 
house. 

323.  Vehicles  attending,  be  separat- 
ed three  feet. 

324.  Stalls,  inside  market  house, 
use  of 

325.  Wagons,  vehicles,  etc.,  regu- 
lation of. 

326.  Stalls,  interior,  how  arranged, 
etc. 

327.  vStands  and  stalls,  how  rented. 
328    Rents  of,  how  paid  and  secur- 
ed, penalty  for  failure. 

329.  Vacant  stalls,  how  rented. 

330.  Butcher,  to  paint    stall,   when. 

33  r.  Lease    for,     to     be     executed 

when. 

332.  Stalls  not  to  be  occupied  with- 
out permit  etc. 

T,^T).  Transfer  of,  must  have  written 
consent  of  market  inspector, 
failure  of  misdemeanor. 

334.  Lease,  how  cancelled  by    city. 

335.  Market  inspector,  duties  of. 

336.  Authority  and  powers  of. 

337.  Cleaning  and  sprinkling,  by 
whom. 

338  Inspectors  duties  concerning. 

339.  Scales  to  be  kept,  articles 
weighed,  fees  therefor,  etc. 

340.  Articles  to  be  seized  and  for- 
feited to  city,  when,  proceeds 
of  same. 

34 1.  Persons  to  be  removed  from 
market  place,  when  and  by 
whom. 

342.  Receiving  money  not  authoriz- 
ed, or  more  than  allowed,  or 
failure  to  receipt  for,  misde- 
meanor, punishment. 

343.  Market,  must  keep  open  when 
etc. 

344.  City  bell,  to  be  rung  when. 

345.  Stalls  and  stands,  cleaned  by 
lessee,  etc. 

346.  Water  hydrants,  market  to 
have. 

347.  Lessee  to  sell  only  at  stand, 
others  prohibited,  etc. 

348.  Farmers  may  sell  by  quarter, 
etc,,  what  and  how,  game. 


Section. 

349.  Diseased  or  .sick  animals,  not 
to  sell,  etc. 

350.  Di.seased,  impure,  etc.,  meats, 
etc  ,  exposed  for  sale,  unlaw- 
ful, penalty    and  punishment. 

351.  Vehicle,  to  be  removed  when 
article  sold. 

352.  Coffee,  refreshments,  may  sell, 
when. 

353.  Fuel,  etc  ,  not  to  be  lighted 
when,  exceptions. 

354.  Lounging,  loafing,  ets.,  pro- 
hibited. 

355.  Intoxicated  persons  prohib- 
ited. 

356.  Dogs  and  unruly  animals,  not 
permit' ed. 

357.  Sales,  inspector  to  superin- 
tend, etc. 

358.  Offer  for  sale,  meaning  of. 

359.  Failure  to  offer  for  sale,  for- 
feits lease,  when. 

360.  Forfeiture  of  lease,  two  con- 
victions, etc. 

361.  Committee  on  public  build- 
ings, dutv  as  to  stands  and 
r.talls. 

362.  Rules  of,  to  be  printed  and 
posted. 

363.  Meat  shops,  within  .six  blocks, 
prohibited,  misdemeanor  and 
punishment. 

364.  City  market  inspector,  office 
of  created,  bond. 

365.  To  examine  and  test  weights, 
measures,  etc.,  report,  fees, 
etc. 

366.  Weights,  scales,  etc.,  subject 
to  inspection,  when. 

367.  Owners  of  to  have  tested,  etc.. 
misdemeanor  to  use  false,  etc., 
punishment. 

368.  Seller  to  weigh  on  city  scales, 
when,   fee   and  certificate   of. 

369.  Certificate,  not  to  sell  or  buy 
wittiout,  licensed  business  ex- 
cepted. 

370.  Wood  to  be  measured,  etc, 
certificate  and  fee. 

371.  Misdemeanor,  breach  of  this 
article  or  interference  with 
officer. 


REVISED  ORDINANCES.  3OI 

Section.  321.  Lots  one,  two,  three,  four  and  five  in  block 
Forty-four  in  the  city  of  Sedaha,  bounded  north  by  Second 
street,  east  by  Osage  street,  south  by  an  alley,  and  west  by 
Kentucky  street,  shall  constitute  and  be  known  as  the  city 
market  place,  and  the  buildings  thereon  shall  be  known  and  de- 
signated as  the  city  hall  building  and  market  house.  The  said 
buildings  and  grounds  and  the  building  grounds  surround- 
ing said  building  shall  be  always  kept  clean  by  direction  of  the 
city  market  inspector. 

Sec.  322.  The  space  abutting  the  sidewalk  outside  of  the 
market  house  and  not  occupied  by  buildings  are  hereby  appro- 
priated and  set  apart  for  stands  to  be  used  for  the  sale  of  vege- 
tables and  other  articles,  which  under  the  city  ordinances  are  al- 
lowed *o  be  sold  outside  of  the  market  house  at  wholesale  or  re- 
tail from  tables,  vehicles  or  in  any  other  manner.  Each  stand 
or  vehicle  shall  be  made  to  occupy  not  less  than  eight  nor  more 
than  twelve  feet  along  the  sidewalk,  the  space  under  the  market 
house  shed  being  reserved  for  special  stands. 

Sec.  323.  All  vehicles  attending  market  shall,  in  taking 
their  positions  at  the  sidewalk,  be  separated  at  least   three  feet. 

Sec.  324.  All  the  inner  portion  of  the  market  house  shall 
be  and  is  hereby  set  apart  for  butcher  stalls,  but  when  not  used 
for  that  purpose  may  be  used  under  the  directions  of  the  com- 
mittee on  public  buildings  and  the  city  market  inspector,  for  the 
sale  of  fresh  and  cured  meats,  dressed  fowls  and  all  other  kinds 
of  provisions,  vegetables  or  go^ds,  or  for  restaurant   purposes. 

Sec.  325.  It  shall  not  be  lawful  for  vehicles  to  occupy  or 
remain  a  longer  time  than  may  be  necessary  on  the  market 
place  to  the  detriment  of  the  business  of  any  merchant;  and 
when  market  wagons  obstruct  the  delivery  of  the  goods  of  any 
merchant  or  business  man  or  other  person,  it  shall  be  the  duty 
of  the  city  market  inspector  to  cause  said  market  wagons  to  be 
removed. 

Sec.  326.  The  interior  of  the  market  house  as  now  ex- 
isting shall  be  divided  into  stands  for  butchers  and  others  as  fol- 
lows:     The  front  or  main  portion  of    the  building  shall   be  di- 


302  REVISED  ORDINANCES. 

vided  into  four  stands  as  nearly  equal  and  convenient  in  size  and 
location  as  the  building  will  permit  and  numbered  consecutively, 
one,  two,  three  and  four.  Number  one  shall  be  located  in  the 
north-west  corner  of  the  main  building;  number  two  in  the  north- 
east; number  three  in  the  south-east;  and  number  four  in 
the  south-west  corner  of  the  main  building.  The  rear  or  "L" 
portion  shall  be  divided  into  four  stands,  as  nearly  equal  and  con- 
venient in  size  and  location  as  that  portion  of  the  building  will 
permit,  and  shall  be  numbered  consecutively  from  five  to  eight. 
Number  five-shall  be  located  in  the  south-east;  number  six  in 
the  south-west;  number  seven  in  the  north-west  and  number 
eight  in  the  north-east  corner  of  said  rear  portion  of  the  market 
house.  A  plat  of  the  said  stands  shall  be  kept  by  the  market 
inspector  or  other  person  or  officer  having  charge  of  said  market 
house,  which  shall  designate  the  exact  portion  set  apart  for  each 
stand,  and  the  space  set  apart  for  aisles  and  passage  ways  and 
entrances,  and  no  person  occupying  any  such  stand  will  be  per- 
mitted to  use  for  business,  or  obstruct  in  any  way  any  passage 
way  or  entrance. 

Sec.  327.  The  stands  in  the  market  house  and  all  other 
stands  and  stalls  shall  be  rented  by  the  market  inspector  or  other 
person  or  officer  duly  authorized  by  the  city  council,  on  or  be- 
fore the  first  day  of  December  1890,  and  thereafter  at  least  ten 
days  before  the  first  days  of  November  and  May  of  each  year; 
Provided ,  that  before  such  renting  shall  take  place  the  city  coun- 
cil shall  establish  the  terms  of  the  renting  and  grade  the  prices  of 
all  stands  and  stalls  according  to  the  different  purposes  for  which 
they  are  to  be  used,  and  according  to  the  location.  Notice  of 
such  leasing  or  renting  shall  be  given  by  five  insertions  in  the 
newspaper  doing  the  city  printing,  the  last  insertion  to  be  not 
more  than  two  days  before  the  time  fixed  for  such  renting,  said 
notice  shall  state  the  time  and  place,  and  the  manner  of  such 
renting,  and  such  renting  shall  be  by  auction  except  that  the  oc- 
cupiers of  any  stand  or  stall  who  have  not  been  guilty  of  a  viola- 
tion of  any  of  the  market  house  regulations  and  are  not  in  arrears 
for  rent  shall  be  entitled  to   rerent   their   respective  stands  and 


REVISED  ORDINANCES.  303 

Stalls;  at  the  graded  price,  on  complying  with  all  other  con- 
ditions and  provisions  of  ordinances  relating  to  such  stalls : 
Provided^  that  no  person  shall  be  allowed  to  rent  directly 
or  indirctly  more  than  one  stand. 

Sec.  328.  Every  person  bidding  off,  or  taking  at  its  valu- 
ation, any  stall  or  stand  shall  at  the  time  of  so  doing  pay  to  the 
market  inspector  or  other  person  or  ofBcer  at  the  time  having 
authority  to  receive  such  rent,  one-fourth  of  the  annual  amount 
of  his  rent  at  the  rate  at  which  he  contracts  for  such  stand  or 
stall,  and  within  ten  days  shall  execute  a  lease  to  the  city  of 
Sedalia,  with  two  good  securities  to  be  approved  by  the  mayor, 
for  the  payment  of  all  rent  quarterly  in  advance  and  a  perform- 
ance of  the  other  obligations  herein  provided  for  and  of  the 
obligations  of  his  lease ;  and  a  non-payment  of  any  rent  when 
due,  or  any  other  failure  to  comply  with  the  conditions  of  his 
lease,  or  the  provisions  of  any  ordinance  relating  thereto,  shall 
work  a  forfeiture  of  said  lease  and  of  such  stand  or  stall.  And 
any  person  failing  to  execute  a  lease  as  above  provided,  or  shall 
violate  any  of  the  rules  or  regulations  made  in  pursuance  of  any 
ordinance  shall  forthwith  forfeit  such  stand  or  stall  and  all  money 
that  may  be  paid  thereon. 

Sec.  329.  Vacant  stands  and  stalls  not  rented  as  required 
in  the  foregoing  sections,  or  which,  by  forfeiture  to  the  city,  or 
for  any  other  reason,  become  vacant,  may  be  rented  for  the  best 
attainable  price  and  length  of  term  or  time;  Provided,  that 
stalls  shall  not  be  rented  for  less  than  one  month,  and  stands 
shall  not  be  rented,  nor  an)^  person  allowed  to  sell  at  retail,  veg- 
etables, fruit  or  other  commodities  in  the  market  or  market 
place,  by  the  day  or  for  a  single  day,  for  less  than  twenty-five 
cents. 

Sec.  330.  Each  butcher  renting  a  stall  shall,  as  a  condi- 
tion of  such  leasing,  be  bound,  if  required  by  the  market  in- 
spector, to  annually  paint  his  stall  such  a  color,  and  at  such  a 
time,  as  shall  be  required  by  the  market  inspector,  and  all  stalls 
shall  be  of  a  uniform  color. 


304  REVISED    ORDINANCES. 

Sec.  331.  Every  lessee  of  a  stall  or  stand  to  be  used  for 
a  longer  time  t'lan  three  months  shall  execute  a  lease  therefor, 
with  two  good  securities,  to  be  approved  by  the  mayor,  for  the 
payment  of  all  rent,  quarterly,  in  advance,  and  a  performance 
of  other  obligations  created  and  provided  for  by  ordinance;  and 
the  non-payment  of  any  rent  when  due,  or  any  other  failure  to 
comply  with  the  conditions  of  such  lease  or  ordinance,  shall 
work  a  forfeiture  of  said  lease,  and  of  such  stand  or  stall. 

Sec.  332.  No  person  without  a  lease,  or  other  proper 
permit  from  the  cit)'  market  inspector,  or  whose  lease  or  legal 
permit  shall  have  been  forfeited,  shall,  for  any  purpose,  occupy 
any  stand  or  stall  in  said  market  or  market  place. 

Sec  ^^],.  No  transfer  of  any  stand  or  stall  shall,  or  can, 
be  made,  without  the  written  consent  of  the  city  market  in- 
spector; and  any  person  violating  any  of  the  provisions  of  this 
or  the  next  preceding  section  shall  be  deemed  guilty  of  a  mis- 
demeanor, and,  upcn  conviction  thereof,  be  punished  bj'  a  fine 
of  not  less  than  three  nor  more  than  fifty  dollars. 

Sec.  334.  The  renting  of  all  stands  and  stalls  in  the  mar- 
ket shall  be  subject  to  the  condition  that  the  lease  therefor  may 
be  cancelled  by  the  city  at  any  time  after  three  months  notice 
to  the  lessee,  and  returning  to  him  the  proportionate  amount  of 
rent  paid,  according  to  the  unexpired  time  of  the  lease. 

Skc.  335.  It  shall  be  the  duty  of  the  city  market  in- 
spector, first,  to  exercise  a  general  supervision  over  the  market 
house,  and  to  enforce  the  regulations  established  for  the  govern- 
ment thereof;  second,  to  assign  places  for  wagons  and  persons 
attending  the  market,  and  enforce  order  among  them  ;  third,  to 
exercise  a  general  care  and  custody  of  the  market  house  and  all 
appurtenances  thereof;  fourth,  to  examine  the  quality  of  all  ar- 
ticles offered  for  sale  in  the  market,  and  to  seize  all  blown,  un- 
sound, diseased,  impure  or  unwholesome  articles  exposed  for 
sale  at  any  place  within  the  city;  fifth,  to  examine  weights  and 
measures  of  all  articles  offered  for  sale  at  any  place  in  the  city, 
and  to  seize  all  which  are  of  less  weight  or  measure  than  repre- 
sented by  the  seller;    sixth,  to  enforce  order  in  the  market  place 


REVISED  ORDINAN'CES.  305 

and  decide  all  disputes  between  sellers  and  buyers  touching  the 
weight  or  measure  of  any  article;  seventh,  to  attend,  either  in 
person  or  by  deputy,  at  the  market  every  day,  during  the  mar- 
ket hours ;  eighth  ,  to  receive  from  the  committee  on  public 
buildings,  printed  tickets  for  the  rent  of  stands  or  stalls,  for 
short  periods,  and  to  sign  and  deliver  the  same  to  renters  of 
stalls  and  stands,  and  collect  the  money  therefor;  ninth,  to  pay 
into  the  city  treasury  all  moneys  received  by  him,  on  account 
of  the  city,  at  least  once  in  every  week;  tenth,  to  inspect  all 
slaughter  houses,  and  see  that  they  are  kept  clean,  and  that  no 
diseased  or  unwholesome  cattle  or  animals  are  slaughtered  for 
market;  to  inspect  and  test  the  purity,  quality  and  measure  of 
all  milk  offered  for  sale,  and  he  shall  have  full  power  to  enter 
any  premises  or  open  any  vessel  for  that  purpose. 

Sec.  336.  To  secure  an  etiticient  performance  of  his  du- 
ties, the  city  market  inspector  is  invested  with  full  power  and 
authorit}'  to  summarially  enforce  all  ordinances,  rules  and  reg- 
ulations, in  all  matters  connected  with  the  market,  and  all  per- 
sons are  required  to  obey  his  rules,  regulations  and  directions 
in  such  matters. 

Sec.  3^,7.  The  city  market  inspector  shall  superintend 
the  cleaning  of  the  market  house,  and  market  place,  and  cause 
the  street  foot-way  and  market  place  to  be  sprinkled  with  water, 
whenever  it  shall  be  necessary,  to  prevent  or  lay  the  dust,  and 
for  that  purpose  may  use  water  from  the  waterworks,  and  the 
hose  provided  by  the  city. 

Sec.  338.  The  city  market  inspector  shall  cause  the  mar- 
ket house,  and  market  place  to  be  thoroughly  cleansed;  he 
shall  remove  all  filth  therefrom,  and  shall  keep  the  footways 
and  steps,  in  the  winter  season,  free  of  ice  and  snow. 

Sec.  339.  The  cit)-  market  inspector  shall  keep  as  many 
scales  and  other  implements  for  weighing,  duly  stamped  and 
certified,  as  may  be  necessary  to  conveniently  do  all  the  weigh- 
ing in  said  market,  and  shall  whenever  requested,  weigh  all  ar- 
ticles belonging  to  the  marketers  and  others  intended  for  sale, 
and  shall  be  allowed  to  charge   five   cents    for   each  separate  or 


306  REVISED    ORDINANCES. 

single  lot  of  articles  weighed,  to  be  paid  by  the  person  or  per- 
sons requesting  the  same  to  be  weighed.  Any  person  wi.o 
shall  weigh  any  articles  of  marketing  within  the  market  place, 
and  charge  therefor,  except  the  city  market  inspector  and  city 
weigh- master,  or  his  legal  deputy,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  on  conviction  thereof  be  fined  not  less  than 
one,  nor  more  than  one  hundred  dollars  for  each  offense. 

Sec.  340.  It  shall  be  the  duty  of  the  city  market  in- 
spector to  seize  all  articles  offered  for  sale  in  market,  which  are 
prohibited  by , ordinance,  or  which  are  exposed  for  sale  without 
the  vender  having  proper  authority  according  to  ordinance,  or 
where  such  articles  or  things  are  short  in  weight  or  measure, 
according  to  the  representation  of  the  venders ;  all  of  which 
articles  or  things  so  seized,  shall  be  forfeited  to  the  city,  and 
sold  at  public  outcry  by  the  city  market  inspector,  and  the  pro- 
ceeds paid  into  the  city  treasury;  provided,  that  nothing  in 
this  article  shall  prevent  the  sale  of  every  description  or  kind 
of  berries,  and  tender  fruits,  by  the  package,  and  said  pack- 
ages shall  not  be  required  to  be  guaged  or  stamped,  nor  for- 
feited for  short  weight  or  measure,  but  shall  be  weighed  or 
measured  at  the  option  of  the  buyer. 

Sec.  341.  It  is  hereby  made  the  duty  of  the  city  market 
inspector  to  order  or  remove  from  the  market  house,  or  market 
place,  in  a  summary  manner,  any  person  who  is  guilty  of  any 
violence,  turbulent  or  disorderly  conduct,  or  who  shall  in  any 
way  interfere  with  him,  or  distuib  the  marketers  or  buyers;  or 
who  shall  violate  or  refuse  to  obey  any  ordinance,  rule  or  regu- 
lation for  the  government  of  the  market  or  market  place;  or 
who  shall  expose  as  if  for  sale,  sell  or  attempt  to  sell,  any 
thing  in  the  market  place  that  is  prohibited  by  ordinance ;  or 
who  shall  sell,  or  offer  for  sale,  or  expose  as  intended  for  sale, 
any  thing  in  the  market,  or  market  place,  without  first  having 
obtained  a  license  or  other  proper  authority  so  to  do,  according 
to  the  spirit  and  intent  of  the  ordinances  of  the  city. 

Sec.  342.  The  city  market  inspector  receiving  any  money 
in  pursuance  of  the  provisions  of  any  ordinance,  and  failing  or 


R  K  V 1 S 1  •:  I )  n  l<  1 )  I  x  A  \  (■  KS .  307 

refusing  to  give  the  proper  receipt  therefor,  or  charging  oi-  re- 
ceiving more  than  is  allowed  by  ordinance,  shall  bi-  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  fined  not 
less  than  \'\\c  dollars  nor  more  than  one  hundred  dollars,  and 
for  the  second  offense  he  ma\-  l)e  removed  from  ofl'ice  b>'  the 
city  council. 

Sl';c.  343.  Said  market  shall  be  o[K'n  for  the  sale  of  nu'ats, 
vegetables,  victuals,  provisions,  and  all  other  articles  allowed 
to  be  sold  therein,  during  the  usual  hours  of  such  business  every 
day  during  the  year,  Suntlays  excepted  ;  provided ,  that  fresh 
meats  of  all  kinds  may  be  sold  <il  butchers'  stalls  on  Sunda)'  be- 
tween the  hours  of  four  and  eight  o'clock  a.  m.  during  the 
months  of  May,  June,  July,  August  and  September;  A\\i\,  pro- 
vided, that  nothing  in  this  article  shall  be  construed  to  prevent 
gardeners,  farmers  and  produi~ers  from  stalling,  and  offi-ring  for 
sale,  vegetables  and  farm  and  garden  produce  within  the  city 
limits;  diUd,  provided  further,  that  nothing  in  this  section  shall 
authorize  the  sale  of  fresh  meats  within  the  city  limits,  except 
as  provided   b)'  t)rdinance. 

Skc.  344.  The  city  market  inspector  shall  make  use  of 
the  city  bell,  and  ring  it  at  seven  and  twelve  a.  m.  and  one  and 
six  and  nine  o'clock  p.  m. 

Sec".  345.  P^very  lessee  or  occupier  of  a  stand  or  stall, 
shall  cause  his  stall  or  stand  to  be  thoroughly  cleansed,  and  all 
animal  or  vegetable  ofYal  and  rubbish  to  be  remoxed  from  the 
market  place;  and  every  butcher  shall  cause  his  tablis,  meat 
blocks,  and  other  fixtures  to  be  thoroughly  scraped  and  cleaned 
as  often  as  necessary. 

Sec.  346.  The  market  shall  be  supplied  with  a  h}clrant 
for  the  use  of  the  people  atteniling  the  same. 

Sec.  347.  No  person  except  the  lessee  of  a  stand  or  stall 
shall  sell,  or  offer  for  sale,  in  the  market  house,  or  market 
place,  any  fresh  or  salted  meat  of  any  kind  ;  and  no  person  be- 
ing the  lessee  of  a  stand  or  stall,  shall  sell  the  same  by  the  quar- 
ter, or  less  quantities    than    one   quarter,  except  at    the  stall   of 


3o8  REVISED  ORDINANCES. 

which  iie  is  lessee;  and   such  sales   shall  otherwise   be   made   in 
conformity  with  the  regulations  prescribed  by  ordinance. 

Sec.  348.  Nothing  herein  contained  shall  be  construed 
so  as  to  prevent  any  farmer  from  selling  meat  by  the  quarter, 
or  to  prevent  a  regularly  licensed  grocery  iicrchant  from  selling 
cured  bacon,  shoulders,  ham,  and  sides  and  fowls  of  any  kind 
or  any  persons  who  follow  the  business  of  packing  beef  or  pork 
in  the  city,  from  selling  bacon,  shoulders,  ham  and  sides  from 
his  own  curing,  or  spare  ribs  or  sausage  meat  or  other  offal 
meats  coming  from  the  meat  he  cures  in  the  months  ot  October, 
November,  December,  January,  February  and  March ;  or  any 
person  from  selling  wild  game  not  otherwise  prohibited,  pro- 
vided that  such  sales  are  made  out  of  the  market  place,  but 
shall  nevertheless  be  subject  to  the  inspection  of  the  city  market 
inspector. 

Sec.  349.  No  person  shall  sell  or  expose  for  sale,  in  the 
market  or  elsewhere  any  sick  or  diseased  live  animal,  for  the 
purpose  and  with  the  design  that  the  same  shall  be  slaughtered, 
and  used  for  food,  knowing  or  having  reason  to  believe  the 
same  to  be  sick  or  diseased. 

Sec.  350.  No  person  shall  sell,  expose  or  offer  for  sale, 
in  market,  or  any  other  place  the  flesh  of  any  dead  animal, 
which  was  sick,  overheated  or  run  down  by  dogs,  or  otherwise, 
at  or  before  the  time  the  same  was  butchered  or  slain,  or  which 
died  a  natural  death,  or  was  killed  by  accident,  or  casualty  or 
other  means  than  the  usual  manner  of  slaying  animals  for  food  ; 
nor  shall  any  person  sell,  expose,  or  offer  for  sale,  in  this  city 
any  putrid,  blown,  raised,  stuffed  or  unsound  meat,  flesh,  eggs, 
poultry  or  other  articles  of  food  ;  nor  shall  any  person  in  this 
city  sell,  expose  or  offer  for  sale,  the  flesh  of  any  bull,  boar,  ram, 
dog,  cat  or  other  animal  not  commonly  deemed  wholesome  for 
food.  The  city  market  inspector  shall  seize  any  article  in  this 
section  mentioned  which  he  may  find  in  the  market,  and  cause 
the  same  to  be  condemned  and  removed ;  and  if  the  person 
offering  the  same,  be  a  lessee  of  a  stall  or  stand,  his  lease  shall 
be    forfeited ;    and    any    person   so    offending  shall    be   deemed 


REVISED    ORDINANCES.  309 

guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  shall  be 
fined  not  less  than  five  nor  more  than  one  hundred  dollars. 

Sec.  351.  Whenever  any  person  shall  have  sold  or  dis- 
posed of  the  commodities  brought  by  him  to  market  for  sale, 
he  may  b°  required  to  remove  his  vehicle  from  the  market  place 
forthwith. 

Sec.  352.  Coffee  and  other  refreshments  may  be  sold 
and  served  at  such  stands  in  the  market  as  may  by  designated 
by  the  committee  on  public  buildings  subject  to  the  provisions 
of  ordinance;  but  no  person  shall  in  the  market  sell  or  give 
away,  any  spirituous,  fermented  or  vinous  liquors. 

Sec.  353.  No  person  shall,  during  market  hours  kindle 
or  burn,  in  or  about  the  market,  any  fuel  without  the  permis- 
sion of  the  city  market  inspector,  or  at  any  other  place  than 
that  designated  by  him,  except  that  charcoal  under  the  direc- 
tion of  the  city  market  inspecor,  may  be  burned  in  removable 
earthen,  or  metallic  vessels,  so  constructed  and  placed  as  ef- 
fectually to  prevent  danger  to  woodwork  in  the  vicinity,  or  in- 
convenience to  persons  passing,  from  fire  therein. 

Sec.  354.  No  person  not  having  lawful  business  in 
market,  shall  sit,  lounge  or  lie,  in  or  about  the  market  place. 

Sec.  355.  No  person  in  a  state  of  intoxication,  shall  go 
upon  the  market  place. 

Sec.  356.  No  person  shall  suffer  to  come  with  him,  into, 
or  upon  the  market  place,  any  dog,  or  any  unruly  dangerous 
animal. 

Sec.  357.  No  person  shall  sell,  expose  or  offer  for  sale 
in  market,  any  horse,  cow,  ox,  mule,  ass,  hog,  or  other  full 
grown  live  quadruped,  except  at  such  places  as  the  city  market 
inspector  may  direct. 

Sec.  358.  Whenever  any  article  shall  be  exhibited  in 
market  as  if  the  same  were  intended  for  sale,  whether  sold  or  not 
or  directly  offered  for  sale,  such  exhibition  shall  be  held  to  be  an 
exposure  of  the  same  for  sale,  and  an  offer  to  sell  within  the 
meaning  of  this  article. 


3IO  REVISED    ORDINANCES. 

Sec.  359.  If  the  lessee  of  any  stand  or  stall  fails  for  six 
consecutive  days  to  expose  for  sale  at  his  stand  or  stall  articles 
usually  sold  there,  unless  such  failure  be  shown  to  the  satisfac- 
tion of  the  city  council  to  have  been  caused  by  sickness  or  other 
unavoidable  circumstances,  his  lease  shall  be  forfeited. 

Sec.  360.  If  any  lessee  of  any  stand  or  stall  shall  be 
twice  convicted  for  violating  any  ordinance  in  relation  to  the 
market  place,  his  lease  shall  be  adjudged  to  be  forfeited. 

Sec.  361.  In  addition  to  the  rules  and  regulations  pre- 
scribed by  ordinance,  authority  is  hereby  given  to  the  committee 
on  public  buildings,  and  it  is  made  the  duty  of  said  committee, 
to  make  all  other  needful  rules  and  regulations  touching  the  des- 
ignation, location  and  arrangement  of  all  stands  and  stalls,  and 
for  the  arrangement,  stationing  and  removal  of  all  wagons  and 
other  vehicles  used  or  brought  within  the  market  place,  and  for 
the  control  and  management  of  the  business  in  said  market,  not  in- 
consistent with  the  provisions  prescribed  by  ordinance,  and  it 
shall  be  the  duty  of  the  city  market  inspector  to  carry  out  and 
enforce  all  such  rules  and  regulations  provided  for  said  market 
as  herein  prescribed. 

Sec.  362.  Immediately  after  the  making  of  any  rules  and 
regulations  for  the  market,  it  shall  be  the  duty  of  the  commit- 
tee on  prblic  buildings  to  cause  such  rules  and  regulations  to 
be  printed  in  hand  bill  form  in  sufficient  numbers  for  posting, 
and  deliver  the  same  to  the  city  market  inspector,  to  be  posted; 
and  the  city  market  inspector  shall  post  up  the  same  in  the 
most  conspicuous  places  in  and  about  the  market  house  and 
market  place,  and  he  shall  see  that  all  such  rules  and  regula- 
tions are  constantly  kept  so  posted  up. 

Sec.  363.  The  keeping  of  meat  shops  within  six  blocks 
of  the  market  house,  or  a  distance  equivalent  thereto,  is  hereby 
prohibited  and  any  person  who  shall  violate  the  provisions  of 
this  section  shall  be  deemed  guilty  of  a  misdemeanor  and  shall, 
upon  conviction  thereof,  be  fined  not  less  than  five  nor  more 
than  twenty-five  dollars,  and  each  and  every  day  he  shall  so 
violate  the  same  shall  be  and  constitute  a  separate  offense. 


REVISED  ORDINANCES.  3II 

Sec.  364.  The  ofifice  of  the  city  market  inspector  is  here- 
by created.  The  city  weigh  master  shall  be  and  is  hereby  made 
ex-officio  market  inspector.  The  city  market  inspector  before 
entering  upon  the  duties  of  his  office  as  such,  shall  execute  to 
the  city  a  bond  in  the  sum  of  one  thousand  dollars,  conditioned 
for  the  faithful  performance  of  his  duties  and  shall  receive  as  full 
compensation  for  his  duties  the  sum  of  two  hundred  dollars  per 
year. 

Sec.  365.  It  shall  be  the  duty  of  the  said  inspector  once 
in  every  six  months  to  examine  and  test  the  accuracy  of  all 
weights,  measures,  scales  and  other  things  used  by  any  person 
for  weighing  or  measuring  articles  for  sale,  within  the  city  limits, 
and  to  stamp  the  same  with  a  suitable  seal  to  be  prescribed  by 
the  mayor  when  such  weights,  measures  and  scales  so  used  are 
found,  or  made  to  conform  to  the  standard  prescribed  by  the 
laws  of  the  state,  and  deliver  to  the  owner  thereof  a  certificate 
of  their  accuracy ;  to  seize  in  the  name  of  the  city  all  false 
weights,  measures  and  scales,  which  the  owner  shall  fail  or  re- 
fuse to  make  or  have  made  to  conform  to  said  laws ;  to  register 
the  names  of  all  persons  whose  weights,  measures  or  scales 
are  found  to  be  accurate  in  a  book  kept  for  that  purpose, 
and  of  all  persons  who  fail  or  refuse  to  have  the  same 
corrected  when  found  inaccurate,  and  report  such  names  to  the 
mayor.  The  inspector  shall  present  a  report  to  the  city  council 
at  a  regular  council  meeting  cnce  every  six  months  the  names 
of  the  persons  and  number  of  weights,  measures  and  scales  ex- 
amined and  found  by  him  to  be  accurate  and  inaccurate,  show- 
ing all  fees  collected  and  fees  due  and  shall  charge  the  sum  of 
fifty  cents  as  fees  for  each  examination  of  all  weights,  measures 
and  scales  found  in  one  place  of  business,  and  any  person  re- 
fusing to  pay  said  fees  shall  not  be  entitled  to  a  certificate. 

Sec.  366.  All  weights,  measures,  scales  or  other  things 
used  by  any  person  for  weighing  or  measuring  any  article  for 
sale  in  this  city  shall  be  subject  to  inspection  as  hereinbefore 
provided  on  the  first  week  of  January  and  July  in  each  year, 
without  regard  to  the  date  of  any  previous  certificate.      It  shall 


312  REVISED  ORDINANCES. 

be  the  duty  of  the  inspector  to  examine  any  scales,  weights  or 
measures  at  any  time  when  requested  in  writing  to  do  so. 

Sec.  l(>7 ■  It  shall  be  the  duty  of  all  persons  u-^ing 
weights,  measures,  scales  or  other  things  for  weighing  or  meas- 
uring any  article  for  sale  in  this  city,  to  cause  the  same  to  be 
examined,  tested  and  sealed  as  hereinbefore  provided ;  and 
whenever  the  same  has  not  been  done  at  the  time  of  the  regular 
inspection,  or  within  ten  days  thereafter,  it  shall  be  their  duty 
to  notify  the  inspector  who  shall  proceed  at  once  to  make  said 
inspection.  Any  person  who,  within  this  city,  shall  use  any 
false  weights,  measures  or  scales,  or  cause  the  same  to  be  done, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof,  punished  by  a  fine  of  not  less  than  five  nor  more  than 
one  hundred  dollars. 

Sec.  368.  Every  person  who  shall  sell  coal,  lime  or  any 
other  article  of  merchandise,  hay,  corn,  oats  or  other  garden  or 
farm  product  in  bulk  or  by  the  wagon  load,  within  the  city  of 
Sedalia,  shall  cause  the  same  to  be  weighed  on  the  city  scales 
before  delivery  unless  dispensed  with  by  agreement  between  the 
seller  and  buyer,  and  for  every  article  or  commodity  so  weighed 
pay  to  the  city  weigher,  unless  otherwise  provided  by  the  city 
council,  the  sum  of  fifteen  cents,  and  the  city  weigher  shall  de- 
liver to  every  such  person  a  certificate  thereof,  the  form  of  which 
certificate  and  the  manner  of  keeping  a  record  thereof  and  the 
reports  and  returns  of  proceeds  for  all  weighing  done  by  the  city 
weigher  on  the  city  scales,  shall  be  prescribed  by  the  committee 
on  public  buildings,  subject    to  the  approval  of  the  city  council. 

Sec.  369.  No  person  shall  sell  any  commodity  required 
to  be  weighed  on  the  city  scales  unless  he  shall  first  obtain  a 
certificate  from  the  city  weigher,  stating  the  weight  of  the  load 
offered  for  sale ;  and  no  person  shall  purchase  any  commodity 
required  to  be  weighed  on  the  city  scales  unless  the  person  offer- 
ing the  same  for  sale,  shall  first  produce  the  above  mentioned 
certificate.  Provided,  that  nothing  herein  shall  be  so  construed 
as  to  prohibit  any  person,  firm  or  corporation  doing  business 
under  a  license  issued  by  the  city  of  Sedalia,  from  weighing  upon 


REVISED  ORDINANCES.  ^5  I  ^5 

their  own  scales  when  the  same  is  bona  f.de,  such  articles  or 
commodities  as  are  bought  or  sold  by  such  person,  firm  or  cor- 
poration in  carrying  on  the  business  for  which  their  license  has 
been  obtained. 

Sec.  370.  It  shall  be  the  duty  of  the  city  weigh  m  ster 
to  measure  accurately  all  loads  of  wood  exposed  for  sale  in  the 
city  of  Sedalia,  except  at  a  regular  licensed  wood-yard,  and  fur- 
nish to  each  owner  or  person  in  charge  of  such  wood  a  ticket 
having  legibly  inscribed  the  owners  name,  the  date  of  "measure- 
ment and  the  number  of  cords  in  cubic  feet  of  wood  contained  in 
such  load,  signed  b\'  the  inspector;  he  shall  charge  the  owner  or 
person  having  charge  of  each  load  of  wood  for  the  measuring  of 
the  same  aforesaid,  the  sum  of  five  cents  for  each  load,  which 
he  shall  report  monthly  to  the  council. 

Sec.  371.  Any  person  violating  any  of  the  provisions  of 
this  article,  or  any  person  or  persons,  who  shall  in  any  way  ob- 
struct, hinder  or  delay  any  officer  or  other  person  in  the  perform- 
ance of  their  duties,  as  herein  provided,  by  intimidation, 'threats 
or  otherwise,  such  person  or  persons  shall  be  deemed  guilty  of  a 
misdemeanor  and  upon  conviction  thereof,  unless  otherwise  spec- 
ially pro\'ided  for,  be  punished  by  a  fine  of  not  less  than  one  nor 
more  than  one  hundred  dollars. 


314  REVISED  ORDINANCES. 


CHAPTER  17. 

MISDEMEANORS. 

.\RTICIvE  I.     Offenses  Against  Offcial  Authority. 
ARTICLE  II. — Offenses  Against  Public  Morals  and  Decency. 
ARTICLE  III.     Offenses  Against  Public  Safety  and  Convenience. 
ARTICLE  IV.— rffenses  Against  Public  Order. 
ARTICLE  v.— Miscellaneous  Offenses. 

ARTICLE  I. 

OFFENSES  AGAINST  OFFICIAL  AUTHORITY. 

Section.  |  Section. 

372.   Officer,  to  resist,  etc.,  penalty.     |     373    Falsely  representing,  etc. 

Section.  372.  Whoever  shall  in  this  city  willfully  and 
knowingly  obstruct,  resist,  or  oppose  any  officer  of  the  city,  or 
any  other  person  duly  authorized,  in  executing  or  attempting  to 
execute  and  carry  into  effect  any  ordinance  or  order  passed  or 
made  by  the  proper  authorities  of  this  city,  or  in  serving,  or  in 
attempting  to  serve  any  legal  writ,  warrant,  process  or  order, 
issued  by  the  mayor  or  other  officer  of  the  city,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  be  pun- 
ished by  a  fine  of  not  less  than  one,  nor  more  than  one  hundred 
dollars. 

Sec  373.  Whoever  shall  in  this  city  falsely  represent  or 
attempt  to  impose  himself  upon  any  person  as  a  policeman, 
marshal  or  any  other  city  officer,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof,  be  punished  by  a 
fine  of  not  less  than  one,  nor  more  than  one  hundred  dollars. 


REVISED    ORDINANCES.  315 


ARTICLE   II, 


OFFENSES    AGAINST    PUBLIC    MORALS    AND    DECENCY. 


Section 

374.  Misdemeanor,  to  be  intoxicat- 
ed on  street,  etc.,  punishment. 

375.  Bathing,     etc.,      exposure     of 
person,  punishment 

376.  Gaming  tables,    keeping,  per- 


Section. 

etc.,    after    midnight     or     on 
Sunday. 
380.   Dram-shop  keeper,  to  employ- 
female   other  than  wife,    etc., 
misdemeanor. 


mitting,  etc.,  penalty.  381.  Stallions  and  Jacks,   keeping, 

377.  To  be  found  with  lewd  women  breeding,    etc.,    mi.sdemeanor, 
or  in  bawdy  house,  or  loiter-  when. 

ing    about    the    streets,     etc.,  382.  Selling  liquor  to  minor 

punishment.  383.  Bawdy    house,     to    keep,     be 

378.  Variet}'  show,  dance  house,  to  found  in,   etc.,   misdemeanor, 
keep,  etc.,  punishment.  1     384.  Keeper  of,  who  deemed. 

379.  Intoxicating  liquor,  selling  of,  ' 

Sec.  374.  Whoever  shall  be  found  in  a  state  of  intoxica- 
tion in  any  street,  highway,  thoroughfare,  or  other  public  place 
in  this  city,  shall,  upon  conviction  thereof,  be  deemed  guilty  of 
a  misdemeanor,  and  be  punished  by  a  fine  not  less  than  one, 
nor  more  than  one  hundred  dollars. 

Sec.  375.  Whoever  shall  bathe,  wash  or  swim  in  any 
wa<-er  course,  pool  or  pond  in  the  city,  during  the  hours  of  day- 
light, being  naked  or  not  suflficiently  clothed  to  prevent  im- 
proper exposure  of  his  or  her  person,  shall  be  deemed  guilty  of 
a  misdemeanor,  and  upon  conviction  thereof  be  punished  by  a 
fine  of  not  less  than  one,  nor  more  than  one  hundred  dollars. 

Sec.  376  Whoever  shall  in  this  city  set  up  or  keep  any 
gaming  table  or  gambling  device  at  which  any  game  of  chance 
shall  be  played  for  money  or  property,  or  shall  at  any  such 
table  or  device,  or  at  any  game  of  chance,  bet,  win  or  lose  any 
money  or  property,  either  in  specie  or  by  means  of  anything 
representing  the  same,  or  shall  suffer  any  such  table  or  device 
at  which  any  game  of  chance  is  played  to  be  set  up  or  used  in 
any  tenement  in  his  possession  or  under  his  control,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  convictitm  thereof 
be  punished  by  a  fine  of  not  less  than  twenty-five,  nor  more 
than  one  hundred  dollars. 


3l6  REVISED  ORDINANCES. 

Sec.  ITJ ■  Whoever  shall  be  found  in  a  house  of  ill-fame, 
or  a  bawdy  house,  or  whoever  shall  be  found  in  company  with 
lewd  women  or  prostitutes,  or  whoever  shall  be  found  strolling 
or  lurking  about  the  city  after  sundown  in  a  suspicious  manner, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  be  punished  by  a  fine  of  not  less  than  one  nor  more 
than  one  hundred  dollars. 

Sec.  378.  Whoever  shall  in  this  city,  manage  a  variety 
or  other  show  of  immoral,  vicious  or  depraved  tendency, 
keep  a  dance  house,  or  disorderly  house,  or  shall  permit  any 
tenement  in  his  or  hei  possession,  or  under  his  or  her  control, 
to  be  used  for  any  such  purposes,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  be  punished  by  a 
fine  of  not  less  than  twenty-five,  nor  more  than  one  hundred 
dollars. 

Sec.  379.  Any  person  having  a  license  as  a  dram-shop 
keeper  who  shall  keep  open  such  dram-shop,  or  shall  sell,  give 
away,  or  otherwise  dispose  of,  or  suffer  the  same  to  be  done, 
upon  or  about  his  premises,  any  intoxicating  liquors  during  the 
hours  from  twelve  o'clock  at  night  to  the  next  succeeding  day- 
light, or  during  the  first  day  of  the  week,  commonly  called  Su--!- 
day,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof,  be  fined  not  less  than  ten,  nor  more  than  one 
hundred  dollars. 

Sec.  380.  Any  owner,  proprietor  or  keeper  of  any  dram- 
shop, wine  or  beer  saloon,  who  shall  employ,  or  suffer  to  be  em- 
ployed, any  female  other  than  the  wife,  daughter,  mother  or  sis- 
ter of  the  owner,  as  a  servant,  bartender,  waiter,  dancer  or  singer 
in  said  dram-shop,  wine  or  beer  saloon,  shall,  upon  conviction 
thereof,  be  deemed  guilty  of  a  misdemeanor,  and  be  fined  not 
less  than  fifty,  nor  more  than  one  hundred  dollars. 

Sec.  381.  The  keeping  and  standing  of  stallions  and  jacks 
for  breeding  purposes  within  three  hundred  yards  of  any  house 
occupied  by  any  family  as  a  residence,  within  the  city,  shall  be 
deemed  a  nuisance,  and  is  hereby  prohibited.  And  whenever 
any  stallion  or  jack  is  bred  to  any  mare  or  jennet  within  the  lim- 


REVISED    ORDIxXANCES.  317 

its  of  the  city,  the  same  shall  be  done  in  an  enclosure  so  as  to  be 
entirely  shut  off  from  view,  from  any  street  or  public  place  in 
the  city,  and  any  person  violating  any  of  the  provisions  of  this 
section,  shall  be  deemeo  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof,  shall  be  fined  not  less  than  twenty-five  dollars, 
nor  more  than  one  hundred  dollars. 

Sec.  382.  It  shall  hereafter  be  unlawful  for  the  keeper  of 
any  dram-shop,  wine  or  beer  house,  to  sell,  giveaway,  or  other- 
wise dispose  of,  or  suffer  the  same  to  be  done  about  his  prem- 
ises, any  intoxicating  liquors  to  any  minor,  or  suffer  any  such  minor 
to  play  at  any  game  within  any  such  dram-shop,  wine  or  beer 
house.  And  any  person  violating  the  provisions  of  this  section, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof,  bo  fined  not  le'^s  than  one  dollar,  nor  more  than  one 
hundred  dollars. 

Sec.  383.  Whoever  shall,  in  this  city,  keep  a  bawdy 
house,  house  of  ill  fame  or  of  assignation,  or  shall  keep  or  occu- 
py any  room  or  rooms  to  which  any  person  or  persons  shall  re- 
sort for  the  purpose  of  prostitution  or  illicit  commerce,  or  who- 
ever shall  be  found  in  such  room  or  rooms  without  being  able  to 
give  a  good  reason  or  account  therefor,  or  whoever  shall  permit 
any  tenement  in  his  or  her  possession,  or  under  his  or  her  con- 
trol, to  be  used  for  any  such  purpose,  shall  be  deemed  guilty  of 
a  misdemeanor,  and  upon  conviction  thereof,  shall  be  punished 
by  a  fine  of  not  less  than  twenty,  nor  more  than  one  hundred 
dollars. 

Sec.  384.  Every  person  who  shall  appear  to  be,  or  act  as 
master  or  mistress,  or  have  the  care,  use  or  management  of  any 
tenement  in  which  is  kept  any  bawdy  house,  house  of  ill  fame  or 
assignation,  shall  be  deemed  the  keeper  thereof,  within  the 
meaning  of  the  next  preceding  section. 


3i8 


REVISED  ORDINANCES. 


ARTICLE  III. 


OFFENSES    AGAINST    PUBLIC    SAFETY    AND    CONVENIENCE. 


Section. 

394.  Birds,  to  kill,  rob  nests,  etc., 
punishment 

395.  Car,  locomotive,  etc.,  to  jump 
from,  climb  upon,  etc.,  misde- 
meanor. 

396.  Depot,  etc.,  to  loiter  or  loaf 
about,  when. 

397.  Applicable,  to  whom. 

398.  Street  railway,  obstruction  of, 
etc.,  misdemeanor. 

399.  Hedge  fences,  to  be  cut, 
trimmed,  etc.,  failure  to,  mis- 
demeanor. 

400.  Coal  oil,  etc.,  not  to  be  kept  in 
excess  of  three  barrels,  when. 

401.  Violation  of  preceding  sec- 
tion, punishment 

402.  Barbed  wire  fence  along  street, 
etc.,  misdemeanor. 


Section. 

385.  To  obstruct  sidewalk  with 
wagon,  horse,  etc.,  or  to  drive 
or  ride  at  immoderate  pace, 
misdemeanor. 

386.  Conductor,  etc.,  bringing  pau- 
per, etc.,  in  cit}',  misdemeanor. 

387.  Ashes.  paper,  straw,  etc., 
thrown  upon  street. 

388.  Water,  sl6p,  etc.,  thrown  from 
window. 

389.  Offal,  refuse,  dead  animals, 
etc.,  placed  upon  street,  pun- 
ishment. 

390.  Street  or  sidewalk,  obstruction 
of,  misdemeanor. 

391.  Obstruction  of,  by  railroad, 
car,   etc. 

392.  Cellar  door,  grating,  etc.,  left 
open,  misdemeanor. 

393.  Minor,  to  climb  or  hang  upon 
car. 

Section  385.  Whoever  shall  in  this  city  lead,  drive,  ride 
or  place  any  beast  of  burden  or  any  vehicle  on  any  sidewalk  or 
footway  otherwise  than  going  into  or  going  out  of  any  premises 
owned  or  occupied  by  him  or  his  employer,  or  shall  hitch  or 
fasten  any  horse  or  other  animal  to  any  railing,  fence,  tree  or 
in  any  manner  so  as  to  obstruct  any  sidewalk  or  footway,  or 
shall  run  any  horse,  mare,  gelding,  mule,  jack  or  jennet,  or 
drive  any  wheel  carriage  beyond  a  moderate  pace  in  any  street 
or  gublic  highway  within  the  city,  unless  in  case  of  urgent 
necessity,  or  who  shall  leave  any  team  or  beast  of  burden  in  any 
of  the  sireets,  alleys  or  public  places  hitched  to  any  wagon,  car- 
riage, dray  or  other  vehicle,  whereby  such  team  or  beast  of 
burden  will  be  left  in  danger  of  running  away,  shall  be  deemed 
guilty  of  a  misdemeanor,  and,  upon  conviction  'hereof,  be  pun- 
ished by  a  fine  of  not  less  than  one  nor  more  than  one  hundred 
dollars. 

Sec  386.  Any  conductor  of  any  train  of  any  railroad 
company  running  its  cars  into  or  through  this  city,  or  any  other 


REVISED  ORDINANCES. 


319 


person  who  shall  bring  into,  put  off,  or  leave  in  this  city  any 
pauper,  lunatic,  or  person  of  unsound  mind,  without  protection, 
shall,  upon  conviction  thereof,  be  deemed  guilty  of  a  misde- 
meanor, and  be  punished  by  a  fine  of  not  less  than  one  nor  more 
than  one  hundred  dollars. 

Sec.  387.  Whoever  shall  in  this  city  throw  upon  any 
street  any  ashes,  loose  paper,  straw,  or  broken  boxes,  or  any 
other  rubbish  that  is  liable  to  communicate  fire,  shall,  upon 
conviction  thereof,  be  deemed  guilty  of  a  misdemeanor,  and  be 
punished  by  a  fine  of  not  less  than  five  nor  more  than  twenty 
dollars. 

Sec.  388.  Whoever  shall  throw  from  the  windows  or  up- 
per stories  of  any  buildings  in  this  city,  into  the  street  or  alley 
or  private  ground,  not  owned  or  controlled  by  themselves,  any 
water,  slop,  or  rubbish,  or  any  other  thing  calculated  to  en- 
danger the  comfort  or  safety  of  persons  passing  along  the  street 
or  alley,  or  using  such  private  ground,  shall  upon  conviction 
thereof,  be  deemed  guilty  of  a  misdemeanor,  and  be  punished  by 
a  fine  of  not  less  than  one,  nor  more  than   one   hundred  dollars. 

Sec.  389.  Whoever  in  this  city  shall  empty  any  dirt, 
stone  or  gravel,  or  place  any  dead  animal  of  any  kind  whatever 
or  any  sick,  crippled  or  diseased  animal  liable  to  die,  or  any 
offal,  rubbish,  refuse,  or  offensive  matter  of  any  description  upon 
any  street,  alley  or  avenue,  or  upon  any  lot  or  piece  of  ground 
except  such  as  the  city  shall  designate  for  that  purpose,  shall, 
upon  conviction  thereof,  be  deemed  guilty  of  a  misdemeanor, 
and  be  punished  by  a  fine  not  less  than  one,  nor  more  than  one 
hundred  dollars. 

Sec,  390.  Whoever  shall  in  this  city  obstruct  any  street, 
alley  or  sidewalk  by  putting  merchandise  or  any  other  thing 
thereon,  or  suffering  or  causing  the  same  to  be  done,  except  in 
receiving  or  discharging  goods  in  due  course  of  business,  shall, 
upon  conviction  thereof,  be  deemed  guilty  of  a  misdemeanor, 
and  be  punished  by  a  fine  not  less  than  one,  nor  more  than  one 
hundred  dollars. 


320  REVISED  ORDINANCES. 

Skc.  391.  Whoever  shall  in  this  city  obstruct  any  street 
for  ten  minutes  at  any  one  time,  by  suffering  any  locomotive  or 
railroad  cars  to  stand  on  any  railroad  tracks  where  the  same 
shall  cross  any  such  street,  so  that  persons  and  teams  can  not 
cross  said  railroad,  shall,  upon  conviction  thereof,  be  deemed 
guilty  of  a  misdemeanor,  and  be  punished  by  a  fine  not  less  than 
ten,  nor  more  than  one  hundred  dollars. 

Sec".  392.  Whoever  shall  keep  or  leave  open  any  cellar 
door  or  grating  of  any  vault,  on  any  street,  highway  or  side- 
walk, or  shall  suffer  any  such  grating  or  door  belonging  to  the 
premises  occupied  by  him  to  be  in  an  insecure  or  unsafe  con- 
dition, or  whoever  shall  suffer  any  well,  cistern  or  other  excava- 
tion on  premises  owned  or  occupied  by  him  to  remain  uncovered 
or  in  an  unsafe  condition,  shall,  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof  shall  be  punished  by  a  fine 
not  less  than  five,  nor  more  than  one  hundred  dollars. 

Sec.  393.  Any  minor  under  the  age  of  eighteen  years 
who  shall,  without  having  authority  to  do  so,  mount  or  climb 
upon,  enter  or  hang  to  any  car  or  locomotive  engine  while  the 
same  is  in  motion,  or  is  attached  to  any  train  or  locomotive 
engine,  or  while  the  same  is  standing  upon  any  track  within  the 
city,  shall,  upon  conviction  thereof,  be  deemed  guilty  of  a  misde- 
meanor, and  be  punished  by  a  fine  not  less  than  one.  nor  more 
than  one  hundred  dollars. 

Sec.  394.  Whoever  shall  kill,  attempt  to  kill  or  injure 
any  of  the  wild  birds  at  large  in  this  city,  or  to  rob,  destroy,  or 
in  any  way  unnecessarily  molest  the  nests  of  such  birds,  shall, 
upon  conviction  thereof,  be  deemed  guilty  of  a  misdemeanor, 
and  be  fined  not  less  than  one,  nor  more  than  twenty  dollars. 

Sec.  395.  Whoever  shall  mount,  or  climb  upon,  hang 
to,  or  enter,  or  jump  from,  any  car  or  locomotive  engine,  while 
the  same  is  in  motion,  or  attached  to  any  train  or  locomotive 
engine,  or  while  the  same  is  standing  upon  a  track  in  this  city, 
or  upon  any  street  car,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof,  shall  be  punished  by  a 
fine  of  not  less  than  five  nor  more  than  one  hundred  dollars. 


REVISED  ORDINANCES.  32  I 

Sec.  396.  Whoever  shall  loiter  or  loaf  in,  around  or 
about  any  railroad  depot,  shop,  yard,  or  office,  without  being 
able  to  give  a  good  account  of  himself,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof,  shall  b-^  f-ned 
not  less  than  one  nor  more  than  fift)-  dollars. 

Sec.  307.  The  two  preceding  sections  shall  not  apply  to 
any  employes  of  the  railroad  company  then  acting  as  such, 
nor  any  passenger,  or  under  the  rules  of  the  company  then 
operating  the  road,  and  it  shall  devolve  on  the  defendant  to  set 
up  and  show  such  excuses. 

Sec.  398.  Any  person  who  shall  place  upon  the  street 
railway  in  this  city  any  obstructions,  rocks  or  torpedoes,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  there- 
of, be  punished  by  a  fine  of  not  less  than  five  nor  more  than 
one  hundred  dollars. 

Sec.  399.  Every  person  owning  a  hedge  fence  upon  the 
line  of  any  public  street  or  alley  in  the  city  is  hereby  required 
to  cut  the  same  down  to  the  height  of  not  more  than  four  feet, 
once  in  every  year,  and  in  no  case  shall  any  such  hedge  be  al- 
lowed to  extend  over  or  into  any  sidewalk,  street  or  alley,  or  in 
any  manner  obstruct  such  sidewalk,  street  or  alley,  and  all  such 
hedges  shall  be  trimmed  and  cut  so  as  not  in  any  manner  be 
dangerous  or  inconvenient  to  the  use  of  such  sidewalk,  street 
or  alley  to  the  public.  And  it  shall  be  the  duty  of  the  city 
marshal  to  notify,  in  writing,  the  owner  or  their  agents,  to  cut 
and  trim  such  hedges  as  herein  required  and  any  owner  of  such 
hedges  who  shall  fail  to  comply  with  the  provisions  of  this  sec- 
tion within  thirty  days  after  such  notice  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction,  shall  be  fined  not  less 
than  one  nor  more  than  one  hundred  dollars,  and  the  city  mar- 
shal shall  or  may  cut  and  trim  the  said  hedges  at  the  expense  of 
such  owner. 

Sec.  400.  All  persons  owning,  controlling,  trading  in,  or 
in  any  mannef  connected  with,  or  having  an  interest  in  coal  oil, 
petroleum  or  gasoline,  or  other  combustible  or  explosive  ma- 
terials of  the  same  or  like  nature,  shall  not  keep  the  same  within 


322  REVISED    ORDINANCES. 

any  building  within  the  city  limits  in  quantities  exceeding  three 
barrels,  in  any  one  building  or  place  of  business.  But  all  such 
persons  maybe  permitted  to  keep  such  combustible  or  explosive 
materials  in  greater  quantities  than  three  barrels,  within  the  city 
limits  :  Provided,  that  the  same  shall  not  be  stored  or  kept  in  any 
building,  but  placed  outside  of  any  building,  in  some  open  space 
where  the  same  may  be  easily  removed  in  case  of  fire;  and  such 
commodity,  when  placed  outside  of  any  building,  shall  not  ob- 
struct any  sidewalk,  street  or  alley. 

Sec.  401.  Any  person  violating  any  of  the  provisions  of 
the  next  preceding  section,  shall,  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof,  be  punished  by  a  fine  of 
not  less  than  ten,  nor  more  than  one  hundred  dollars. 

Sec.  402.  It  shall  be  unlawful  for  any  person  to  erect  or 
maintain  along  any  public  street,  alley  or  other  highway,  within 
the  corporate  limits  of  the  city  of  Sedalia,  any  fence  composed 
in  whole  or  part  of  barb  wire.  Any  person  violating  the  pro- 
visions of  this  section,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof,  shall  be  punished  by  a  fine  of  not 
less  than  five,  nor  more  than  twenty-five  dollars,  and  each  day 
that  such  fence  shall  be  allowed  to  stand  shall  constitute  a  sepa- 
rate offense. 


i 


REVISED    ORDINANCES.  323 

ARTICLE    IV. 

OFFENSES    AGAINST    PUBLIC    ORDER. 


Section. 

403.  Three  or  more  to  agree  to  do 
unlawful  act,  misdemeanor. 

404.  Religious  worship,  disturbance 
of.  what. 

405.  Lawful  assembly,  etc.,  dis- 
turbance of,  loitering  about 
streets,  hotels,  etc.,  misde- 
meanor, when. 

406.  Bell,  etc.,  used  at  auction, 
when. 


Section. 

407.  Gun,  etc.,  discharge  of 

408.  Wife,  child,  etc.,  mistreatment 
of. 

409.  Disturbance    of  peace,    what, 
punishment. 

410.  Toy   pistol,  sale,   loan,  etc.,  to 
minor. 

4x1.   Discharge    of  in    city    limits, 
misdemeanor. 


Section  403.  Any  three  or  more  persons  who  shall  in 
this  cicy  assemble  together  with  an  intent,  or  being  assembled, 
shall  mutually  agree,  to  do  any  unlawful  act  with  force  and  vio- 
lence, against  the  property  of  this  city,  or  the  person  or  prop- 
erty of  others,  or  against  the  peace,  or  to  the  terror  of  others, 
or  shall  make  any  movement  or  preparation  therefor,  and  any 
person  present  at  such  meeting  or  assembly  who  shall  not  en- 
deavor to  prevent  the  commission  or  preparation  of  any  such 
unlawful  act,  shall  be  deemed  guilty  of  a  misdemeanor,  and, 
upon  conviction  thereof,  shall  be  punished  by  a  fine  of  not  less 
than  one  nor  more  than  one  hundred  dollars. 

Sec.  404.  Whoever  shall  disturb  or  interrupt  any  assem- 
bly or  congregation  met  for  religious  worship,  by  making  any 
noise,  or  by  rude  and  indecent  behavior,  or  by  profane  language, 
within  or  near  the  place  of  such  meeting  of  such  assembly  or 
congregation,  shall  be  deemed  guilty  of  a  misdemeanor,  and, 
upon  conviction  thereof,  shall  be  punished  by  a  fine  of  not  less 
than  one  nor  more  than  one  hundred  dollars. 

Sec.  405.  Any  person  who  shall  in  this  city  disturb  any 
lawful  assembly  of  people,  by  rude,  boisterous  or  indecent  be- 
havior, or  shall  be  found  loitering  so  as  to  hinder,  delay  or 
annoy  any  person  or  persons  at  the  corner  of  the  streets,  or  at 
any  place  on  any   street    or    thoroughfare,  or   in   or   about  any 


324  REVISED  ORDINANCES. 

place  of  amusement,  or  hotel,  depot,  offices  or  any  other  place 
of  business,  or  in  or  about  the  postoffice,  and  refuse  to  disperse 
from  or  vacate  such  place  when  requested  to  do  so  by  any 
police  officer,  or  any  person  having  lawful  control  of  any  such 
place  or  places,  shall  be  deemed  guilty  of  a  misdemeanor,  and, 
upon  conviction  thereof,  shall  be  fined  not  less  than  ten  nor 
more  than  one  hundred  dollars. 

Sec.  406.  Whoever  shall  use,  or  cause  to  be  used,  any 
bell  or  other  loud-sounding  instrument  as  a  means  of  attracting 
people  to  an  auction  or  other  place,  whereby  persons  in  the 
same  vicinity  shall  be  annoyed  or  disturbed,  or  the  peace,  good 
order  or  quiet  of  the  city  shall  be  disturbed,  shall  be  deemed 
guilty  of  a  n\isdemeanor,  and  upon  conviction  thereof,  shall  be 
fined  not  less  than  five  nor  more  than  one  hundred  dollars. 

Sec.  407.  Whoever  shall  fire  off  or  discharge,  within  the 
city  limits,  any  musket,  fowling  piece,  gun,  revolver,  pistol  or 
other  firearms,  loaded  with  gunpowder  or  other  explosive  or 
combustible  material,  or  any  air  gun,  shall  be  deemed  guilty  of 
a  disdemeanor. 

Sec.  408.  Whoever  shall  cruelly  or  inhumanly  beat,  in- 
jure or  mistreat  his  own  wife  or  child,  or  step-child  or  appren- 
tice, or  any  minor  under  his  or  htr  control,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  shall  be 
punished  by  a  fine  of  not  less  than  ten  nor  more  than  one  hun- 
dred dollars. 

Sec.  409.  Every  person  who  shall  willfully  and  unlaw- 
fully disturb  the  peace  of  the  city,  or  of  any  neighborhood  of 
the  city,  or  any  family  or  person,  by  loud  and  unusual  noise,  or 
by  profane  or  obscene  or  indecent  or  offensive  language,  or  by 
any  lewd  or  dangerous  or  indecent  conduct  or  carriage,  or  by 
challenging,  or  threatening,  or  assaulting,  striking  or  attempt- 
ing to  strike,  or  by  fighting  another,  and  whosoever  shall  un- 
lawfully permit  any  conduct  in  or  about  any  house  or  premises, 
under  his  or  her  management  or  contix>l,  whereby  the  peace  and 
good  order  of  the  city,  or  any  neighborhood  in  the  cit}'-,  or  any 
family  or  person  shall  be  disturbed,  shall  be  deemed  guilty   of  a 


REVISED  ORDINANCES.  325 

misdemeanor,  and  upon  conviction,  shall  be  punished  by  a  fine 
of  not  less  than  one  nor  more  than  one  hundred  dollars,  or  by 
imprisonment  in  the  city  jail  not  exceeding  three  months,  or  by 
both  such  fine  and  imprisonment. 

Sec.  410.  Any  person  who  shall  sell  or  offer  for  sale, 
loan  or  barter,  to  any  minor,  a  pistol,  or  pistols  commonly  des- 
ignat3d  as  toy  pistols,  within  the  Cit)'  of  Sedalia,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof, 
shall  be  punished  by  a  fine  of  not  less  than  twenty-five  nor  more 
than  one  hundred  dollars. 

Sec.  411.  Any  person  who  shall  carry,  exhibit,  display 
or  discharge  within  the  corporate  limits  of  the  City  of  Sedalia, 
Missouri,  any  pistol  commonly  designated  as  a  toy  pistol,  shall, 
upon  conviction  thereof,  be  deemed  guilty  of  a  misdemeanor, 
and  be  punished  by  a  fine  of  not  less  than  five  nor  more  than 
one  hundred  dollars. 


326 


REVISED  ORDINANCES. 


ARTICLE  V. 


MISCELLANEOUS  OFFENSES. 


Section 

412.  Misdemeanor,  to  exhibit  stal- 
lion, jack,  bull,  etc..  on  street, 
etc. 

413.  Bicycle,  roller  skates,  etc.,  to 
use,  etc.,  on  sidewalk. 

414  Running  steam  engine,  exhib- 
iting machinery,  etc.,  on 
street,   wjien. 

415.  Wagons,  etc.,  standing  upon 
street,  etc.,  when. 

416.  Hand  bill,  etc.,  tQ  post  on 
property,  when,  on  sidewalk. 

417.  Policeman's  whistle,  other 
than  officer  to  blow,  misde- 
meanor. 

418.  False  alarm   of  fire,  unlawful. 

419.  Horse,  etc.,  hitched  to  tree  or 
case,  etc.,  misdemeanor. 

420.  House,  fence,  etc.,   to  cut,   in- 
jure, deface,  etc. 

421.  Trespass  on  property  of  asso- 
ciations, etc.,   when. 

422.  To  break  or  escape  from  cala- 
boose or  officer. 

423.  To  convey  means  of  escape  to 
prisoners. 

424.  Escape,  etc  ,  from  street  com- 
missioner, penalty. 

425.  Rubbish,  filth,  etc.,  on  va- 
cant lots,  etc. 

426.  Dirt,  offal,  etc.,  to  spill  or  drop 
on  street,  misdemeanor. 

427.  Lamp  post,  gas  jet,  etc.,  to  de- 
face, hitch  to,  etc  ,  misde- 
meanor. 

428.  Spikes,  etc.,  along  railings, 
etc.,  unlawful. 

429.  Dogs,  etc.,  to  cause  to  fight  on 
street,  etc. 

430.  Games,  etc.,  on  street,  pro- 
hibited, what. 


Section 

43[.    Gunpowder,  etc.,  what  amount 
to  be  kept,  etc. 

432.  Personal  property,  to  bu}^  etc., 
from  minor,  misdemeanor. 

433.  Concealed  weapons,  carrj'ing 
of 

434.  Assault,  when  not  otherwise 
defined. 

435.  Fight,  etc.,  by  agreement  or 
otherwise,  when. 

436.  Lodger,  etc.,  in  bawdy  house, 
etc.,  misdemeanor. 

437.  Prostitute,  etc.,  to  ply  voca- 
tion. 

438.  To  rent,  occupy,  etc.,  rooms 
for  prostitution. 

439.  Petty  larceny,  what  consti 
tutes. 

440.  Disorderly  house,  etc.,  to  keep, 
etc. 

441.  Exposure  of  person,  lewd  con- 
duct, sale  of  immoral  book, 
etc  ,  misdemeanor. 

442.  Misdemeanor,  penalty,  when 
not  otherwise  prescribed. 

443.  Pigeons,  to  keep,  have,  etc., 
misdemeanor. 

444.  Marshal  to  shoot,  when. 

445.  Poles,  to  mar,  or  post  bills  on, 
etc.,   misdemeanor. 

446.  Shade  trees  and  public  prop- 
erty, to  injure,  etc. 

447.  Vagrants,  who  deemed,  pun- 
ishment. 

448.  Tree,  fence,  etc.,  to  break,  cut, 
etc.,  punishment. 

449.  Sidewalks,  grass,  weeds,  etc., 
to  be  cut  from,  penalty  for 
failure. 


Section  412.  No  person  shall  exhibit  any  stallion,  jack 
or  bull  upon  any  public  square,  street,  avenue  or  alley  within 
this  city. 

Sec,  413.  It  shall  be  unlawful  for  any  person  to  push  or 
ride  any  bicycle  or  tricycle  on  or  over  any  sidewalk,  or  skate  on 


REVISED  ORDINANCES.  327 

or  over  any  sidewalk  on    roller   skates,  and  any  person  who  vio- 
lates this  section  shall  be  guilty  of  a  misdemeanor. 

Sec.  414.  No  person  shall  exhibit  any  kind  of  machin- 
ery upon  any  public  square,  street,  avenue  or  alley  within  this 
city,  and  no  person  shall  run  or  take  any  road  steam  engine 
through  any  such  square,  street,  avenue  or  alley  unless  he  shall 
send  a  messenger  along  with,  and  at  least  one  hundred  feet  in 
advance  of.  such  engine  to  notify  the  public  of  its  coming. 
And  it  shall  be  unlawful  for  any  person  to  blow  or  sound  the 
whistle  of  any  such  engine  while  passing  through  said  city. 
Any  person  violating  the  provisions  of  this  section  shall  be 
deemed  guilty  of  a  misdemeanor,  and,  on  conviction,  shall  be 
fined  not  less  than  ten  dollars  nor  more  than  fifty  dollars. 

Sec.  415.  No  licensed  vehicle  used  for  job  hauling,  nor 
any  wagon  loaded  with  wood,  corn,  hay,  straw,  oats  or  melons, 
shall  stand  upon  any  public  square,  street,  avenue  or  alley  within 
this  city  for  the  purpose  of  soliciting  custom,  trade  or  business. 
All  such  vehicles  and  wagons  shall  stand  upon  one  of  the  city 
lots. 

Sec.  416.  No  person  shall  within  this  city,  paste,  tack, 
nail,  post,  paint,  stamp  or  print  any  poster,  hand  bill,  card, 
advertisement  or  notice  of  any  kind  whatever,  upon  any  wall, 
fence,  house,  door  post,  either  private  or  public,  without  first 
having  obtained  permission,  in  writing,  from  the  owner  or  agent 
of  the  property  on  which  the  same  is  situated.  And  no  such 
hand  bill  or  advertisement  shall  be  posted  or  pasted  on  or  upon 
any  sidewalk  whatever. 

Sec.  417.  No  person  except  executive  and  police  ofificers 
of  the  city  and  persons  authorized  by  the  mayor  or  marshal 
shall  blow  or  sound  the  whistle  known  as  "Bank's  Patent,"  or 
"Overman  Wheel  Company's  whistle,"  commonly  called  a 
policeman's  whistle. 

Sec.  418.  No  person  shall,  intentionally,  give  or  make, 
or  cause  to  be  given  or  made,  any  false  alarm  of  fire. 

Sec.  419.  No  person  shall  hitch  or  fasten,  or  cause  to  be 
hitched   or  fastened,  any   animal   to  any   ornamental  or  shade 


328  REVISED    ORDINANCES. 

tree,  in  or  upon  any  street,  avenue,  alley,  sidewalk,  park,  pub- 
lic square,  or  to  any  case  or  box  around  any  such  tree ;  nor 
shall  any  person  stop,  stand,  or  fasten  any  animal  so  near  to 
any  such  tree,  case  or  box,  that  such  animal  can  bite,  or 
injure  such  tree,  case  or  box  ;  nor  shall  any  person  climb  up  or 
upon  any  such  tree,  case  or  box. 

Sec.  420.  Whoever  shall  within  this  city  tamper  with, 
break  or  cut,  deface  or  injure,  in  any  manner  whatever,  any 
house,  building,  fence,  gate,  sign,  tree  box.  ornament  or  shade 
tree,  shrubbe;-y,  lamp  post,  awning  post,  telephone,  telegraph 
or  electric  light  pole  or  wire,  or  fire  alarm  box  or  wire,  or  any 
other  property  of  any  kind  belonging  to  the  city,  or  to  any 
private  person,  shall  be  guilty  of  a  misdemeanor,  and,  upon 
conviction,  shall  be  fined  not  less  than  ten  nor  more  than  one 
hundred  dollars. 

Sec.  421.  Whoever  shall  enter  upon  the  enclosed  grounds 
of  any  private  park,  fair  association,  agricultural  or  horticult- 
ural society,  or  into  any  building,  house  or  out-house,  or  prop- 
erty of  any  such  park  or  association,  at  any  time,  without  the 
consent  of  the  owner  or  occupier  thereof ;  and  whoever  shall 
climb  upon  or  over  the  fences,  enclosures,  buildings  or  property 
thereof,  or  whoever  shall  in  any  way  injure  or  damage  any 
fence,  house  or  out-house,  or  any  property  of  any  such  park  or 
association,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction,  shall  be  fined  not  less  ,  than  one  nor  more  than 
twenty-five  dollars. 

Sec.  422.  If  any  person  confined,  imprisoned  or  detained 
in  the  city  prison  or  calaboose,  or  be  in  charge  of  any  police  of- 
ficer, or  other  person  having  authority  to  arrest  or  detain  him 
upon  a  charge  of  a  violation  of  any  ordinance  of  this  city,  or 
after  a  conviction  for  such  offense,  shall  break  said  prison  or  cal- 
aboose and  escape  therefrom,  or  from  any  ?uch  officer,  he  shall 
be  deemed  guilty  of  a  misdemeanor. 

Sec.  423.  If  any  person  shall  convey  into  the  city  prison 
or  calaboose  any  disguised  instrument  or  thing  proper  or  useful 
to  aid  any  prisoner  detained   in    the    city   prison  or  calaboose  to 


REVISED  ORDINANCES.  329 

escape  therefrom,  whether  such  esc3pe  shall   be  effected  or  not, 
he  shall  be  deemed  guilty  of  a  misdemeanor. 

Sec.  424.  Any  prisoner  or  person  committed  to  the  city 
prison  or  calaboose  by  reason  of  a  default  in  payment  of  any  fine 
or  costs,  or  an}'  portion  thereof,  who,  while  in  charge  of  the 
street  commissioner  at  work  on  the  streets,  or  going  to  or  from 
work  on  the  streets,  shall  escape  or  attempt  to  escape  from  the 
said  street  commissioner,  shall  be  deemed  guilty  of  a  misde- 
meanor. 

Sec.  425.  It  shall  be  the  duty  of  every  owner  of  vacant 
property,  and  every  agent  or  other  person  having  control, 
charge,  authority  of  management  over  or  concerning  any  such 
property,  to  keep  the  same  free  and  clear  from  any  and  all  rub- 
bish and  filth  of  every  kind  and  description,  and  of  all  weeds, 
water,  pools  and  ponds.  Any  person  violating  any  of  the  pro- 
visions of  this  section  shall,  on  conviction,  be  deemed  guilty  of 
a  misdemeanor,  and  shall  be  fined  for  each  and  every  day,  or 
fraction  thereof,  he  shall  allow  or  permit  any  such  rubbish,  filth, 
water,  pools  or  ponds  to  be  and  remain  on  any  such  vacant 
property,  in  any  sum  not  less  than  one  nor  more  than  twenty- 
five  dollars. 

Sec.  426.  Every  person  engaged  in  hauling  or  removing 
earth,  sand,  rock,  manure,  rubbish,  offal  or  other  material  shall 
have  boxes  on  his  wagon,  cart  or  other  vehicle,  and  the  same 
so  constructed  with  good,  tight  side,  end  and  bottom  boards, 
as  to  prevent  the  dropping,  spilling  or  wasting  of  such  earth, 
sand,  rock,  manure,  rubbish,  offal  or  other  material  in  or  upon 
any  street,  avenue  or  alley,  and  no  person  shall  drop,  waste,  spill 
or  deposit  any  such  earth,  sand,  rock,  manure,  rubish  or  other 
material  on  or  upon  any  street,  avenue  or  alley. 

Sec.  427.  No  person  shall  wilfully  or  carelessly  break, 
injure,  deface  or  damage  or  otherwise  interfere  with  any  lamp 
post  or  public  lamp,  gas  jet  or  any  lamp,  gas  jet  or  light  of 
any  kind,  kept  or  maintained  at  any  place  for  public  safety  or 
convenience,  or  in  compliance  with  the  provisions  of  any 
ordinance,   or  shall,    without  authority,  light  or  extinguish  any 


330  REVISED  ORDINANCES. 

such  lamp,  or  shall  hitch  or  fasten  any  animal  to  any  lamp  post, 
telegraph  pole,  telephone  pole,  fire  plug  or  hydrant. 

Sec.  428.  No  person  shall  place,  or  permit  to  be  placed 
or  remain,  on  or  along  any  railing  or  building  front,  or  any  part 
of  any  building,  fence  or  premises,  adjacent  or  contiguous  to 
any  street  or  sidewalk,  any  spikes  or  sharp  pointed  cresting,  or 
any  barbed  wire,  or  any  other  thing  dangerous  or  liable  to 
snag,  tear,  cut  or  otherwise  injure  any  one  coming  in  contact 
therewith. 

Sec.  429.  Whoever  shall  purposely  cause  dogs  or  other 
animals  to  fight  upon  the  square,  streets,  alleys  or  public  places 
of  the  city  shall  be  deemed  guilty  of  a   misdemeanor. 

Sec.  430.  No  person  shall  in  this  city,  on  any  square, 
street,  avenue,  alley  or  public  place,  play  at  any  game  of 
amusement,  or  engage  in  any  sport  or  exercise  likely  to  scare 
horses,  injure  passengers  or  embarrass  the  passage  of  vehicles, 
or  shall  purposely  frighten  any  horse  or  other  animal. 

Sec.  431.  No  person  shall  keep  in  any  one  building  or 
place  within  the  fire  limits  of  the  city,  a  greater  quantity  of 
gunpowder  or  blasting  powder  than  seventy-five  pounds,  or 
nitroglycerine  one  pound,  or  gun  cotton  ten  pounds,  or  naptha 
one  barrel,  or  coal  or  carbon  oil  five  barrels,  or  giant  powder 
twenty-five  pounds,  and  no  powder  magazine  shall  be  located 
within  the  city  limits. 

Sec.  432  Any  person  who  shall,  within  this  ci;y,  buy 
or  receive  from  any  minor  any  jewelry,  ha'ness  tools  or  other 
personal  property,  without  the  written  consent  of  the  parent 
or  guardian  of  such  minor,  shall  be  deemed  guilty  of  a  misde- 
meanor. 

Sec.  433.  No  person  shall  in  this  city,  wear  under  his 
clothes,  or  concealed  about  his  person,  any  pistol  01  revolver, 
slung-shot,  cross  knuckles,  knuckles  of  lead,  brass  or  other 
metal,  or  any  bowie  knife,  or  other  dangerous  or  deadly 
weapon.  Any  person,  violating  any  provision  or  requirement 
of  this  section,  shall  be  deemed  guilty  of  a  misdemeanor,  and, 
upon    conviction   thereof   before   the  police  judge,  shall  be  fined 


REVISED    ORDINANCES.  33  I 

not  less  than  twenty-five  nor  more  than  one  hundred  dollars,  or 
by  imprisonment  in  the  city  jail  not  less  than  five  days 
nor  more  than  three  months,  or  by  both  such  fine  and 
imprisonment:  Provided,  however,  that  this  section  shall  not 
be  so  construed  as  to  prevent  any  United  States,  state,  county 
or  city  officer,  or  any  member  of  the  city  government,  from 
carrying  such  weapons  as  may  be  necessary  in  the  proper  dis- 
charge of  his  duties.  Any  defense  that  would  be  valid  under 
the  charge  of  carrying  weapons  concealed  in  a  state  case  shall  be 
a  valid  defense  to  a  charge  made  under  this  section. 

Sec.  434.  Any  person  who  shall  assault  or  beat  or 
wound  another,  under  such  circumstances  as  not  to  constitute 
any  other  offense  as  defined  by  the  statute  of  the  State  of  Mis- 
souri, shall,  upon  conviction  before  the  police  judge,  be  pun- 
ished by  a  fine  not  exceeding  one  hundred  dollars,  or  by  im- 
prisonment in  the  city  jail  not  exceeding  three  months,  or  by 
both  such  fine  and  imprisonment. 

Sec.  435.  If  two  or  more  persons  shall  in  any  public 
place  in  this  city,  voluntarily  or  by  agreement,  engage  in  any 
fight,  or  use  any  blows  or  violence  toward  each  other,  in  an  an- 
gry or  quarrelsome  manner,  or  do  each  other  any  willful  mis- 
chief, or  if  any  person  shall  assault  another  and  strike  him,  in 
any  public  place  to  the  terror  or  disturbance  of  others,  the  per- 
son or  persons  so  offending  shall  be  deemed  guilty  of  a  misde- 
meanor, and,  upon  conviction  thereof,  shall  be  punished  by  a 
fine  not  exceeding  one  hundred  dollars,  or  by  imprisonment  in 
the  city  jail  not  exceeding  three  months,  or  by  both  such  fine 
and  imprisonment. 

Sec.  436.  Any  person,  male  or  female,  who  shall  in  this 
city,  be  the  inmate  of,  or  boarder  or  lodger  in,  or  who  shall  in 
any  way  contribute  to  the  support  of  any  bawdy  house,  house 
of  ill-fame,  assignation  house,  or  other  place  kept  or  maintained 
for  the  practice  of  fornication,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and,  upon  conviction  thereof,  shall  be  subject  to  a 
fine  of  not  less  than  five  nor  more  than  one  hundred  dollars. 


332  REVISED    ORDINANCES. 

Sec.  437.  No  prostitute,  courtesan  or  lewd  woman  shall, 
within  the  limits  of  this  city,  by  word,  sign  or  action,  ply 
her  vocation  on  any  street,  avenue  or  alley  in  this  city,  or  in  any 
other  public  place,  or  at  an)-  door  or  open  window  of  the  house 
or  room  she  may  occupy ;  any  such  prostitute,  courtesan  or 
lewd  woman  who  shall  violate  the  provisions  of  this  section  shall 
be  deemed  guilty  of  a  misdemeanor,  and,  upon  conviction 
thereof,  shall  be  fined  not  less  than  five  nor  more  than  one  hun- 
dred dollars  for  every  such  offense. 

Sec.  438.  Every  person,  male  or  female,  who  shall  rent, 
keep,  occupy  or  have  in  his  or  her  possession  or  under  his  or 
her  control  or  management,  any  room  or  rooms  to  which  men 
resort  for  the  purpose  of  prostitution  or  fornication  with  such 
female,  or  any  other  female,  shall  be  deemed  guilty  of  a  misde- 
meanor, and,  upon  conviction  thereof,  before  the  police  judge, 
shall  be  fined  not  less  than  five  dollars  nor  more  than  one  hun- 
dred dollars. 

Sec.  439.  Every  person  who  shall  steal,  take  and  carry 
away,  within  this  city,  any  money  or  personal  property  or  ef- 
fects of  another  under  the  value  of  thirty  dollars,  not  being  the 
subject  of  grand  larceny,  without  regard  to  value,  shall  be 
deemed  guilty  of  petit  larceny,  and  upon  conviction  before  the 
police  judge,  shall  be  punished  by  imprisonment  in  the  city  jail 
not  exceeding  three  months,  or  by  fine  not  exceeding  one  hun- 
dred dollars  or  by  both  such  fine  and  imprisonment. 

Sec.  440.  Any  person  keeping,  permitting  or  maintain- 
ing a  disorderly  house  or  suffering  or  permitting  to  assemble  or 
congregate  in  or  about  his  house,  or  place  of  business,  idle, 
vicious,  hallooing,  drunken,  quarrelling  or  swearing  person  or 
persons  making  loud  noises  and  disturbing  the  neighborhood, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof,  shall  be  fined  not  less  than  ten  dollars  nor  more  than 
one  hundred  dollars. 

Sec.  441.  No  person  shall  be  or  appear  in  or  upon  any 
street,  avenue,  alley,  park,  public  place  or  place  open  to  the 
public  view,  in  a  state  of  nudity,  or  in  a  dress  not  belonging  to 


REVISED  ORDINANCES.  333 

his  or  her  sex,  or  in  any  indecent  or  lewd  dress,  or  shall  make- 
any  indecent  exposure  of  his  or  her  person,  or  be  guilty  of  any 
unseemly,  obscene  or  filthy  act,  or  of  any  lewd,  indecent,  im- 
moral or  insulting  conduct,  language  or  behavior;  or  shall  ex- 
hibit, or  cause  or  permit  to  be  exhibited,  circulate,  distribute, 
sell,  offer  or  expose  for  sale,  or  give  or  deliver  to  another,  or 
cause  the  same  to  be  done,  any  lewd,  indecent  or  obscene  book, 
picture,  pamphlet,  card,  print,  paper,  writing,  mold,  cast,  fig- 
ure or  other  thing,  or  shall  exhibit  or  perform,  or  cause  or  allow 
to  be  exhibited  or  performed,  in  or  upon  any  house,  building, 
lot  or  premises  owned  or  occupied  by  him,  or  under  his  man- 
agement or  control,  any  lewd,  indecent  or  immoral  play  or  other 
representation.  Any  person  violating  any  provision  or  require- 
ment of  this  section  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof,  shall  be  fined  not  less  than  five 
nor  mere  than  one  hundred  dollars. 

Sec.  442.  Any  person  violating,  failing,  neglecting  or 
refusing  to  comply  with  any  provision,  regulation  or  require- 
ment of  this  chapter,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  before  the  police  judge,  shall, 
where  no  other  penalty  is  provided,  be  fined  not  less  than  one 
dollar  nor  more  than  one  hundred  dollars,  or  be  imprisoned  in 
the  city  jail  not  exceeding  three  months,  or  by  both  such  fine 
and  imprisonment. 

Sec.  443.  It  shall  be  unlawful  for  any  person  to  own  or 
have  about  hi3  premises  any  pigeon  or  pigeons,  and  any  person 
owning  any  pigeon  or  pigeons,  on  allowing  the  same  to  be  upon, 
on,  or  about  his  premises,  or  premises  occupied  by  him,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  there- 
of, be  punished  by  a  fine  of  not  less  than  one  nor  more  than 
twenty  dollars. 

Sec.  444.  It  shall  be  the  duty  of  the  city  marshal  to  shoot 
or  cause  to  be  shot,  any  and  all  pigeons  found  or  seen  within 
the  city  limits,  and  this  section  shall  not  be  deemed  to  conflict 
with  any  ordinance  prohibiting  the  shooting  of  birds  other  than 
pigeons,  and   any    person   authorized    by   the   marshal   to  shoot 


334  REVISED  ORDINANCES. 

said  pigeons,  shall  be  so  authorized  in  writing,  duly  signed  by 
said  marshal. 

Sec.  445.  Any  person  or  persons  who  shall  post  any 
bills,  advertisements  or  other  paper  upon  any  painted  telegraph, 
telephone,  electric  light  pole,  or  any  other  painted  pole  or  poles 
erected  in  the  City  of  Sedalia,  by  virtue  of  authority  from  such 
city,  or  shall  in  any  manner  whatever  willfully  mar,  deface  or 
otherwise  injure  any  such  poles,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction,  be  punished  by  a  fine  of  not 
less  than  one  nor  more  than  one  hundred  dollars. 

Sec.  446.  Every  person  who  shall  willfully  and  unlaw- 
fully injure,  break  or  destroy  any  shade  tree  in  any  street  of 
Sedalia,  or  in  and  upon  the  court  house  square,  or  who  shall 
willfully  or  unlawfully  injure,  break  or  destroy  any  public  prop- 
erty belonging  to  the  city  or  the  county  within  the  city  limits,  or 
who  shall  commit  any  nuisance  thereon,  or  who  shall  willfully 
injure  or  destroy  any  grass  or  sod  upon  the  court  house  square, 
or  other  public  ground  within  the  city,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof,  be  fined  not  less 
than  one  nor  more  than  one  hundred  dollars. 

Sec.  447.  Every  person  who  may  be  found  loitering 
around  houses  of  ill  fame,  gambling  houses,  or  places  where 
liquors  are  sold  or  drunk,  without  any  visible  means  of  support, 
or  shall  attend  or  operate  any  gambling  device  or  apparatus,  or 
be  engaged  in  the  practicing  of  any  trick  or  device  to  procure 
money  or  other  things  of  value,  or  shall  be  engaged  in  any  un- 
lawful calling  whatever,  and  every  able-bodied  married  man  who 
shall  neglect  or  refuse  to  provide  for  the  support  of  his  family, 
and  every  person  found  tramping  or  wandering  around  from 
place  to  place  without  any  visible  means  of  support,  shall  be 
deemed  a  vagrant,  and  upon  conviction  thereof,  shall  be  pun- 
ished by  imprisonment  in  the  city  jail  not  less  than  twenty  days 
and  not  to  exceed  three  months,  or  by  fine  not  to  exceed  one 
hundred  dollars  and  not  less  than  twenty  dollars,  or  by  both 
such  fine  and  imprisonment. 


REVISED  ORDINANCES. 


335 


Sec.  448.  It  shall  be  unlawful  for  any  person  or  persons 
to  willfully  break,  destroy,  cut,  carve  or  mutilate  any  tree, 
shrubbery,  fence,  house  or  building  of  any  kind  or  character  of 
property  in  this  city.  Any  person  violating  the  provisions  of 
this  section  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof,  be  fined  not  less  than  two  nor  more  than 
twenty  dollars  for  each  and  every  offense. 

Sec.  449.  All  owners  and  agents,  or  lessees  of  any  lot  or 
tract  of  ground  within  the  limits  of  the  city,  along  or  around 
which  there  is  a  sidewalk  constructed  by  authority  of  an  ordi- 
nance of  the  city,  shall  at  all  times  keep  such  sidewalks  clean 
from  any  grass,  weeds  or  other  vegetation  tending  to  obstruct, 
in  any  manner,  the  free  passage  of  pedestrians  over  sidewalks, 
and  such  owner,  agents  or  lessees  shall  cut  down  and  clear 
away  from  any  such  walks  all  weeds,  grass  and  other  vegeta- 
tion as  often  as  may  be  necessary  to  keep  sidewalks  clear  as 
above  required.  Any  person  violating  any  of  the  provisions  of 
this  section  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction,  shall  be  fined  not  more  than  one  hundred  dollars  and 
not  less  than  one  dollar. 


CHAPTER  18. 


numbering  of  houses. 


Section. 
450.   Numbers,     places    of   begin- 
ning. 
451   Manner  of. 


Section. 
452  To  mutilate  number,  etc.,  mis- 
demeanor. 


Section  450.  Each  and  every  houss  in  the  city  shall  be 
properly  and  uniformily  numbered  as  follows :  All  houses  on 
streets  crossing  Main  street  shall  be  numbered  commencing  at 
Main  street  north  and  south;  all  houses  on  streets  crossing 
Ohio  shall    be  numbered  commencing  at  Ohio  street,   east   and 


336  REVISED  ORDINANCES. 

west;  and  all  houses  north  of  the  Missouri  Pacific  Railroad  on 
streets  crossing  Lamine  street,  shall  be  numbered,  commenc- 
ing at  Lamine  street,  east  and  west. 

Sec.  451.  All  numbers  shall  commence  in  each  block 
at  an  even  hundred  and  increase  to  the  end  of  the  block  in  the 
direction  of  numbering,  the  even  numbers  being  on  the  right 
hand  and  the  odd  numbers  on  the  left  hand  side.  Such  num- 
bering shall  begin  on  each  street  running  either  way  with 
an  even  hundred  and  shall  extend  to  the  city  limits,  allowing 
twenty-two  .and    one  half  feet  or  thereabouts  for  each  number. 

Sec.  452.  Any  per  on  violating  or  neglecting  to  com- 
ply with  any  of  the  provisions  of  cither  of  the  two  preceding  sec- 
tions or  any  person  who  shall  destroy  or  in  any  way  mutilate 
any  number  of  any  house  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof,  shall  be  punished  by  a 
fine  of  not  less  than  one  nor  more  than  twenty  dollars. 


REVISED  ORDINANCES.  337 


CHAPTER   19. 
OFFICERS  OF  THE  CITY. 

ARTICLE  I. — Elections,  Regulations  Governing. 

ARTICLE  II.— Mayor. 

ARTICLE  III.— City  Clerk,  Collector,  Treasurer. 

ARTICLE  IV.— City  Attorney. 

ARTICLE  V.     Street  Commissioner. 

ARTICLE  VI  —Marshal  and  Police. 

ARTICLE  VII. —Police  Regulations. 

ARTICLE  VIII. — Suspension  and  Removal  of  Officers. 

ARTICLE  IX.-  Salaries  of  Officers. 


ARTICLE  I. 

ELECTIONS,  REGULATIONS  GOVERNING. 

Section.  ;  Section, 

453.   Time  of  holding,  officers  to  be  sented  to  council,  etc.,  when. 


elected,    etc.,   qualification   of 
councilmen,  etc. 

454.  State  laws  to  govern,  except 
as  to  clerk,  etc. 

455.  Places,  judges,  etc.,  of  elec- 
tion, council  to  fix,  appoint, 
etc. — ^Judges  and  clerks,  duty 


459.  Meetings  of  council,    when — ■ 
Special,  when  and  how. 

460.  Vacancy   in  office,  how  filled. 

461.  vStreet    commissioner,     police, 
etc.,  appointment  of. 

462.  Appointive  officers,  term  of. 

463.  Council  may  appoint,  when. 


of— Polls,  open  when.  463  a.   City  marshal,   bond  of,   etc. 

456.  Returns  and  certificates,  duty  ;  464-  Collector,  bond  of. 
of  mayor,  clerk,  etc.,  concern-  j  465-  Assessor,  bond  of. 
ing.  466.   Treasurer,  bond  of. 

457.  Oath  of  office.  467-   Policemen,  bond  of. 

458.  Certificate  and  oath,  to  be  pre-  | 

Section  453.  There  shall  be  held  a  general  election  in 
the  City  of  Sedalia,  Missouri,  on  the  first  Tuesday  of  April, 
1894,  and  every  two  years  thereafter,  for  the  election  of  a 
mayor,  marshal,  police  judge,  city  attorney,  treasurer,  assessor, 


338  REVISED  ORDINANCES. 

collector,  and  such  other  officers  as  may  be  made  elective  by 
the  charter  of  said  city,  and  all  elective  officers  shall  hold  their 
respective  offices  for  two  years  and  until  their  successors  shall 
be  elected  and  qualified;  and  there  shall  also  be  held  an  elec- 
tion in  each  ward  in  the  city  on  the  first  Tuesday  in  April,  1894, 
at  the  same  time  the  election  for  other  city  officers  is  held,  and 
in  every  year  thereafter,  for  the  election  of  one  councilman  from 
each  of  such  wards,  who  shall  hold  his  office  for  two  years,  and 
who,  in  addition  to  the  qualifications  now  required  by  law,  shall 
have  resided, in  the  city  at  least  one  year  and  in  the  ward  at 
least  six  months  preceding  his  election,  and  shall  be  at  least 
twenty-five  years  of  age  and  a  citizen  of  the  United  States. 
Whenever  there  shall  be  a  tie  in  the  election  of  a  councilman  or 
an  election  for  a  councilman  be  contested,  the  matter  shall  be 
determined  by  the  council,  by  a  majority  vote  of  all  of  the  mem- 
bers elected  to  the  council  and  at  the  time  entitled  to  seats 
therein:  Provided,  that  no  person  who  is  a  party  to  the  tie  or 
the  contest,  shall  be  entitled  to  a  vote.  No  person  shall  be 
considered  a  qualified  voter  in  and  of  any  ward  who  is  not  a 
bona  fide  resident  of  such  ward  at  the  time  he  offers  to  vote. 

Sec.  454.  All  city  elections  shall  be  held  under  the  pro- 
visions of  the  general  election  laws  of  the  state :  Provided,  that 
all  certificates  of  nomination  or  petition  therefor,  as  provided,  to 
be  filed  by  the  state  election  laws,  shall  be  filed  with  the  city 
clerk,  and  not  with  any  other  officer,  which  certificates  or  other 
evidence  of  nomination  shall  be  filed  with  the  city  clerk  in  the 
manner  and  form,  and  within  the  time  provided  by  the  general 
laws  of  the  state,  and  all  duties  specified  to  be  performed  by 
the  constable  or  sheriff  in  the  state  election  laws,  shall  be  per- 
formed by  the  marshal  in  city  elections ;  and  all  duties  hereto- 
fore provided  by  general  law  with  reference  to  city  elections,  to 
be  done  and  performed  by  county  clerks,  shall,  in  city  elections, 
be  done  by  the  city  clerk  ;  and  all  tickets  for  city  elections  shall 
be  printed  by  the  city  and  at  the  city's  expense. 

Sec.  45  5-  At  least  two  weeks  before  any  election  for  the 
election  of   city  officers,  whether  general  or  special,  the  council 


REVISED    ORDINANCES. 


339 


shall,  by  resolution  or  ordinance  or  otherwise,  fix  the  places  of 
holding  such  elections  in  each  of  said  wards,  and  appoint  the 
judges  of  election  for  each  ward,  who  shall  take  the  oaths,  ap- 
point the  clerks,  conduct  the  election  and  count  up  and  make 
their  returns  thereof,  duly  certified,  to  the  city  clerk,  in  the 
manner  required  by  ordinance  or  the  general  laws  of  the  state 
regulating  elections  for  state  and  county  officers  and  applicable 
thereto,  and  not  inconsistent  with  the  charter  and  ordinances  of 
the  city  and  constitution  and  laws  of  the  state.  The  judges  and 
clerks  of  all  city  elections,  in  addition  to  the  returns  as  above 
provided  for,  shall,  upon  their  poll  books,  record  the  place  of 
residence  of  each  voter,  by  giving  the  street,  and  number  when 
practicable,  or  by  :iny  other  description,  opposite  his  name,  in 
a  column  to  be  provided  for  that  purpose;  and  it  is  hereby  made 
the  duty  of  the  city  clerk  to  prepare  the  poll  books  and  all 
other  blanks  used  in  all  city  elections,  including  tickets,  in  con- 
formity herewith,  and  deliver  or  caused  to  be  delivered  by  the 
marshal  the  tickets  to  the  judges  of  election  in  each  ward  of  the 
city.  The  polls  shall  be  opened  at  7  o'clock  in  the  morning, 
and  be  continued  open  until  the  same  hours  as  state  and  county 
elections. 

Sec.  456.  The  city  clerk  upon  the  receipt  of  the  returns 
of  such  election,  shall  notify  the  mayor  and  president  of  the 
council  of  such  fact,  and  the  mayor,  city  clerk  and  president  of 
the  city  council  shall  proceed  without  delay  to  examine  such 
returns,  and  shall  award  certificates  of  election  to  such  persons 
as  they  shall  find  from  the  returns  received  the  highest  number 
of  votes  for  the  office  for  which  they  were  candidates,  said  cer- 
tificates shall  be  executed  by  the  city  clerk,  and  attested  by  the 
seal  of  the  city,  and  delivered  to  the  person  entitled  thereto. 

Sec.  457.  Every  officer  of  the  city,  whether  elected  or 
appointed,  shall,  upon  receiving  his  certificate,  and  before  en- 
tering upon  the  performance  of  the  duties  of  his  office,  take 
and  subscribe  an  oath,  before  the  clerk  of  some  court  of  record 
in  the  county,  judge  or  justice  of  the  peace  of  the  township, 
the  city  clerk  or  police  judge,  that  he   possesses  all  the  qualifi- 


340  REVISED  ORDINANCES. 

cations  prescribed  for  his  office  by  law  ;  that  he  will  support  the 
constitution  of  the  United  States  and  the  State  of  Missouri,  the 
provisions  of  all  laws  of  this  state  affecting  cities  of  the  third 
class,  and  the  ordinances  of  the  city,  and  will  faithfully  demean 
himself  in  office;  which  oath  shall  be  filed  with  the  city  clerk. 
Sec.  458.  At  the  first  regular  meeting  of  the  city  council 
after  any  general  election,  election  for  councilmen  or  any  special 
election,  the  persons  holding  certificates  of  election  as  council- 
men  shall  present  their  certificates  of  election,  accompanied 
with  their  oaths  of  office,  whereupon  they  shall  be  entitled  to 
their  seats;  but  no  person  shall  hold  or  exercise  the  duties  of 
any  office  under  the  charter  and  ordinances  of  the  city  until  he 
shall  have  fully  complied  with  every  requirement  with  reference 
thereto. 

Sec.  459.  The  council  shall  hold  their  regular  meetings  on 
the  first  and  third  Monday  evenings  of  each  month,  at  seven 
o'clock  and  thirty  minutes.  Whenever  the  mayor  shall  deem  it 
necessary  to  call  a  special  meeting  of  the  council  for  the  trans- 
action of  any  business  he  shall  issue  a  call  for  such  special  meet- 
ing, which  shall  be  in  writing,  and  state  the  purposes  for  which 
such  meeting  is  called,  and  the  time  of  meeting,  and  file  the 
same  in  the  office  of  the  city  clerk;  whereupon  the  city  clerk 
shall  immediately  make  eight  copies  of  such  call  and  deliver 
said  call,  together  with  said  copies  to  the  marshal,  and  the 
marshal,  or  some  police  officer  named  by  him,  shall  forthwith 
deliver  one  of  said  copies  to  each  member  of  the  council,  if 
they  can  be  found  in  the  cit}',  and  if  not  found  a  copy  shall  be 
left  at  the  usual  place  of  abode  of  such  absent  member  with 
some  member  of  his  family  over  the  age  or  fifteen  years.  The 
marshal  or  officer  who  shall  serve  such  notices  shall  make  full 
return  of  his  action,  upon  the  back  of  the  call  issued  by  the 
mayor,  and  return  the  same  to  the  city  clerk,  who  shall  read 
the  same  at  the  opening  of  such  special  meeting  No  business 
not  mentioned  in  such  call  shall  be  transacted  at  such  special 
meeting. 


.REVISED  ORDINANCES.  34 1 

Sec.  460.  If  a  vacancy  shall  occur  in  any  elective  office, 
the  mayor,  or  the  person  exercising  the  office  of  mayor,  shall 
cause  a  special  election  to  be  held  to  fill  such  vacancy,  giving 
ten  days'  notice  thereof  by  proclamation  published  in  the  news- 
paper at  the  time  doing  the  city  printing:  Provided,  however, 
when  any  such  vacancy  occurs  within  six  months  of  any  general 
municipal  election,  no  election  shall  be  called  to  fill  such 
vacancy,  but  the  same  shall  be  filled  by  the  maj'or  or  the  per- 
son exercisin..^  the  office  of  mayor  by  appointment :  Provided, 
furtJier,  that  any  vacancy  in  the  office  of  councilman  which  may 
occur  within  six  months  of  any  general  election  for  councilmen 
shall  be  tilled  hy  election,  to  be  held  in  the  ward  where  such 
vacancy  may  occur,  and  shall  be  conducted  in  such  manner,  in 
all  particulars,  as  may  be  prescribed  for  the  election  of  council- 
men  at  a  general  election.  If  a  vacancy  occur  in  an  office  not 
elective  the  mayor  shall  appoint  a  suitable  person  to  discharge 
the  duties  of  the  same  until  the  first  regular  meeting  of  the 
council  thereafter,  at  which  time  such  vacancy  shall  be  perma- 
nently filled  in  the  same  manner  and  subject  to  the  same  pro- 
visions, in  every  particular,  as  appointments  for  the  same  place 
in  the  first  instance. 

Sec.  461.  At  the  first  regular  meeting  of  the  council 
after  an  annual  election  in  each  year,  the  mayor  shall,  with  the 
consent  and  approval  of  a  majority  of  the  members  elected  to 
the  city  council,  appoint  a  street  commissioner  and  all  other 
appointive  officers  of  the  city,  whose  appointment  is  not  other- 
wise specifically  provided  for ,  and  at  least  six  regular  police- 
men :  Provided,  that  the  mayor  shall  in  cases  of  emergency 
have  power  to  appoint  such  number  of  extra  police  as  the 
exigencies  of  the  case  may  demand. 

Sec  462.  All  appointive  officers  shall  hold  their  office 
respectively  for  the  term  of  one  year  and  until  their  successors 
are  elected  and  qualified,  unless  sooner  removed  by  proper 
authority  for  cause  shown. 

Sec.  463.  If  the  mayor  shall  fail  to  make  appointments 
authorized  by  the  charter  and  ordinance^;  of  the  city  to  be  made 


342  REVISED  ORDINANCES. 

by  him,  with  the  consent  and  approval  of  the  council,  or  if  the 
council  shall  fail  to  agree,  by  the  required  vote,  upon  any  nomi- 
nation made  by  the  mayor,  at  the  two  first  regular  meetings  of 
the  city  council,  after  such  nominations  shall  be  presented  to  the 
council,  including  the  meeting  at  which  such  nomination  shall 
be  presented,  it  shall  then  be  competent  for  the  council  to  fill 
such  offices  or  places  by  a  majority  vote  of  the  members  elected 
to  the  city  council,  except  in  the  ofifice  of  street  commissioner. 
If  there  be  a  failure  to  agree  upon  the  nomination  made  by  the 
mayor  for  the  office  of  street  commissioner  he  shall  nominate 
other  persons,  but  no  person  shall  be  renominated  by  the 
mayor  for  any  city  office  after  being  rejected  therefor  by  the 
council.  No  nominations  of  appointive  officers  shall  be  made 
by  the  mayor,  or  acted  upon  by  the  council  at  any  special 
meeting. 

Sec.  463  (a.)  The  city  marshal  shall,  before  entering 
upon  the  duties  of  his  office,  enter  into  a  bond  to  the  city  of 
Sedalia,  Missouii,  conditioned  upon  the  faithful  performance  of 
his  duties,  with  not  less  than  two  securities,  in  a  sum  not  less 
than  one  thousand  dollars,  to  be  approved  by  the  mayor. 

Sec.  464.  The  city  collector  shall,  before  entering  upon 
the  discharge  of  the  duties  of  his  office,  enter  into  a  bond  to 
the  city  of  Sedalia,  Missouri,  conditioned  upon  the  faithful  per- 
formance of  the  duties  of  his  office,  in  a  sum  not  less  than 
twenty  thousand  dollars,  with  at  least  three  sufficient  securities, 
to  be  approved  by  the  mayor. 

Sec.  465.  The  city  assessor  shall,  before  entering  upon 
the  duties  of  his  office,  enter  into  a  bond  to  the  city  of  Sedalia, 
Missouri,  in  a  sum  not  less  than  one  thousand  dollars,  with  at 
least  two  good  sufficient  securities,  conditioned  upon  the  faith- 
ful performance  of  the  duties  of  his  office,  said  bond  to  be  ap- 
proved by  the  mayor. 

Sec.  466.  The  city  treasurer  shall,  before  entering  the 
duties  of  his  office  or  taking  possession  thereof,  enter  into  a 
bond  to  the  city  of  Sedalia,  Missouri,  in  a  sum  not  less  than 
twenty  thousand  dollars,  conditioned  upon  the  faithful   perform- 


REVISED  ORDINAN'CES. 


343 


ance  of  the  duties  of  his  oflfice,  and  that  he^willaccount  for  all 
moneys  paid  to  him  for  the  city,  said  bond  to  be  approved  by 
the  mayor. 

Sec.  467.  Each  policeman  shall,  before  taking  posses- 
sion of  his  ofifice,  or  discharging  any  duties  thereof,  enter  into  a 
bond  to  the  city  of  Sedalia,  Missouri,  in  the  sum  of  not  less 
than  five  hundred  dollars,  conditioned  upon  the  faithful  per- 
formance of  the  duties  of  his  ofifice,  to  be  approved  by  the 
mayor. 


ARTICLE   11. 


MAYOR. 


Section. 

468.  To  have  general  supervision 
over  departments,  police  force, 
etc. 

469.  Commissions,  appointments, 
bonds,  etc.,  duty    concerning. 

470.  Deeds  and  certificates  to  cem- 
etery lots,  to  sign,  etc. 


Section. 

471.  Cemetery  lots,  duplicate  plats 
to  be  kept. 

472.  Remit   fine,    etc  ,    order    con- 
cerning. 

473.  Office  of,  hours  to  be  in,  etc. 

474.  Vacancy,  how  filled,  etc. 


Section  468.  It  shall  be  the  duty  of  the  mayor,  in  ad- 
dition to  the  duties  imposed  upon  him  by  the  laws  governing 
cities  of  the  third  class,  to  exercise  a  general  supervision  over 
all  the  departments  of  the  city  government,  and  see  that  the 
duties  appertaining  to  the  various  city  ofificers  are  properly  per- 
formed. He  shall  have  superintending  control  over  the  mar- 
shal and  police  force;  and  shall  also  have  the  power,  upon  the 
occasion  of  any  public  assemblage  within  the  city,  to  appoint 
one  or  more  extra  policemen  to  act  during  the  continuance  of 
such  assemblage,  if  in  his  judgment  the  safety  of  the  citizens 
and  the  peace  and  good  order  of  the  city  require. 

Sec  469.  He  shall  sign  the  commissions  and  appoint- 
ments of  all  the  officers  elected  or  appointed  in  the  city,  and 
shall  cause  the  city  clerk  to  attest  the  same  and  affix  thereto  the 
city  seal ;   and  he  shall   examine  all  official   bonds  presented  to 


^544  REVISED  ORDINANCES. 

him,  and  whenever  satisfied  that  the  same  are  in  all  respects 
sufficient,  shall  approve  the  same.  Such  approval  shall  be  in 
writing,  endorsed  on  said  bond,  and  shall  be  signed  by  the 
mayor;  and  whenever,  during  the  term  of  office  of  any  officer, 
the  mayor  shall  become  satisfied  that  the  surety  on  the  bond  of 
such  officer  has  from  any  cause  become  impaired,  he  shall  re- 
quire such  officer,  by  notice  in  writing,  to  give  additional  secu- 
rity forthwith;  and  if  such  officer  shall  fail,  neglect  or  refuse  to 
give  such  additional  security,  it  shall  then  be  the  duty  of  the 
mayor,  with  the  advice  and  consent  of  the  city  council,  to  re- 
move such  officer  and  take  the  necessary  and  proper  steps  for 
filling  the  vacancy  cau-ed  thereby. 

Sec.  470.  He  shall,  on  behalf  of  the  city,  sign  and  exe- 
cute to  persons  entitled  thereto  all  certificates  to  purchasers  of 
cemetery  lots  and  cause  the  same  to  be  countersigned  by  the 
clerk  and  attested  by  the  seal  of  the  city.  And  he  shall, 
when  properly  authorized  by  the  city  council,  sign,  execute 
and  deliver  all  deeds  or  conveyances,  for  any  real  estate  which 
the  city  may  hereafter  sell  to  any  party  or  parties  who  may 
have  purchased  the  same. 

Sec.  471.  He  shall  keep  in  his  office  a  duplicate  plat  of 
all  cemetery  lots,  with  marginal  references  thereto,  which  shall 
at  all  times  show  the  lots  which  have  been  sold,  the  date  of  the 
sale,  to  whom  sold  and  the  lots  remaining  unsold. 

Sec.  472.  Whenever  the  mayor  shall  conclude  to  remit 
any  fine  or  commute  any  sentence  of  imprisonment  for  labor, 
or  of  labor  for  imprisonment,  he  shall  execute  and  deliver  to 
the  police  judge  an  order  for  such  remittal  or  commutation, 
which  order  shall  contain  the  title  of  the  cause,  a  brief  recital  of 
the  judgment  of  the  police  judge,  and  shall  state  explicitly  in 
what  manner  such  judgment  is  to  be  changed. 

Sec.  473.  The  mayor  shall  have  an  office,  to  be  pro- 
vided by  the  city,  suitably  furnished,  and  to  be  kept  in  the  city 
market  house  and  to  be  known  as  the  mayor's  office.  He 
shall,  for  the  transaction  of  city  business,  be  and  remain  in  his 
office  one  hour  in  the  forenoon   and   one    hour   in   the  afternoon 


REVISED  ORDINANCES. 


345 


of  each  day,  except  Sunday,    said    hours    to   be   designated   by 
the  mayor. 

Sec.  474.  When  any  vacancy  shall  happen  in  the  office 
of  mayor,  by  death,  resignation,  removal  from  the  city  office, 
refusal  to  qualify  or  otherwise,  the  president  pro  tem.  of  the 
council  shall,  for  the  time  being,  perform  the  duties  of  mayor 
until  such  vacancy  be  filled  ;  and  in  case  of  temporary  absence 
of  the  mayor  or  disability  to  perform  the  duties  of  his  office, 
the  president  of  the  council  shall  perform  the  duties  of  mayor 
until  the  mayor  shall  return  or  such  disability  be  removed ; 
during  the  time  the  president  pro  tem.  of  the  council  shall  act 
as  mayor,  he  shall  receive  the  same  compensation  that  the 
mayor  would  be  entitled  to.  In  case  of  vacancy  other  than 
temporary  absence  or  disability,  the  person  exercising  the  office 
of  mayor  shall  cause  a  new  election  to  be  held,  giving  ten  days 
notice  thereof  by  proclamation  published  in  some  newspaper 
published  in  the  city,  and  doing  the  city  printing;  provided, 
when  such  vacancy  occurs  within  six  months  of  a  general 
municipal  election,  no  election  shall  be  called  to  fill  such 
vacancy,  but  the  president  pro  tem.  of  the  council  shall  fill  out 
such  unexpired  term. 


ARTICLE  III. 


CITY  CLERK,  COLLECTOR,  TREASURER. 


SCETION 

475.  City  clerk,    election    of,    term 
of  office. 

476.  Bond  of. 

477.  Duties    concerning    accounts, 
records,  etc. 

478.  Licenses,  duty  concerning. 

479.  Tax   books   to   be    made,    ex- 
tended, etc. 


Section. 

480.  Seal    of   city,    to     affix,    etc, 
when, 

481.  Term  "City    Register,"  mean- 
ing of 

482.  Compensation  of  clerk. 

483.  Collector,  duties  of. 

484.  Treasurer,  duties  of. 


Section  475.  At  the  first  regular  meeting  of  the  city 
council  after  an  annual  election  in  each  year,  the  council  shall, 
by  a  majority  vote  of  all   the    members    elected  to  the   council. 


346  REVISED    ORDINANCES. 

elect  a  city  clerk,  who  shall  hold  his  office  for  the  term  of  one 
year  and  until  his  successor  is  duly  elected  and  qualified,  unless 
sooner  removed  for  cause. 

Sec.  476.  The  city  clerk  shall,  before  entering  upon  the 
duties  of  his  office,  enter  into  a  bond  to  the  city  of  Sedalia, 
Missouri,  with  not  less  than  two  securities,  in  a  sum  not  less 
than  two  thousand  dollars,  conditioned  for  the  faithful  discharge 
of  the  duties  of  his  office,  to  be  approved  by  the  mayor. 

Sec.  477.  It  shall  be  the  duty  of  the  city  clerk  to 
keep  an  exact  record  of  all  appointments  and  commissions  of 
every  officer  of  the  the  city ;  to  cause  to  be  printed  all  the  or- 
dinances passed  by  the  city. council  and  approved  by  the  may- 
or, or  which  shall  become  a  law  without  the  mayor's  approval, 
within  one  month  after  their  passage.  Provided  however  that 
this  ordinance,  in  revision  of  the  general  ordinances  of  the  city 
shall  be  published  in  book  form  only  as  is  hereinafter  provided 
for.  He  shall  issue  all  licenses  authorized  or  that  may  be 
authorized  for  the  prosecution  of  any  business  in  the  city.  He 
shall  keep  the  journal  of  the  proceedings  of  the  council  He 
shall  take  care  that  all  notes,  bonds,  evidences  of  debt,  records 
of  the  city  council,  official  acts  of  the  mayor  and  all  of  the 
records  of  the  city  entrusted  to  him  are  safely  kept,  and 
deliver  the  same,  upon  the  expiration  of  his  term  of  office, 
whole,  preserved  and  undefaced  to  his  successor.  He  shall 
charge  the  marshal  and  other  officers  with  fines  reported  by 
the  police  judge.  He  shall  be  the  general  accountant  of  the 
city,  and  shall  keep  a  special  account  with  the  city  collector, 
treasurer  and  all  other  fiscal  officers  of  the  city,  and  shall,  for 
that  purpose,  make  settlement  with  all  the  fiscal  officers  of  the 
city  at  least  once  a  year  and  report  the  same  to  the  council,  and 
such  settlements  shall  be  made  as  often  and  at  such  time  as  the 
mayor  or  the  city  council  may  direct. 

Sec.  478.  It  shall  be  the  duty  of  the  city  clerk  to  ex- 
amine all  the  licenses  of  all  keepers  of  stores,  shops,  trades, 
;aloons,   or  other  occupations  as  are  now,  or  may  hereafter  be- 


REVISED  ORDINANCES. 


347 


come  subject  to  license  or  taxation  for  the  use  of  the  city ;  and 
should  it  appear  to  the  city  clerk  that  the  person  or  persons 
keeping  such  store  or  stores  or  exercising  any  trade  or  occupa- 
tion which  may  be  taxed  by  the  authority  aforesaid  have  not 
complied  with  the  ordinances  of  the  city  for  their  regulation 
and  government,  he  is  requireo  to  cause  suit  to  be  instituted 
against  all  such  offenders  without  delay. 

Sec.  479.  As  soon  as  the  mayor  and  council  shall  have 
procured  from  the  city  assessor  a  certified  assessment  of  all  the 
property  within  the  city  made  taxable  by  law  for  state  and 
county  purposes,  and  the  assessed  value  thereof,  as  corrected 
by  the  board  of  equalization,  and  the  city  council  shall  have 
established  by  ordinance  the  rate  of  taxes  for  the  year  as  re- 
quired by  law  the  city  clerk  shall  make  out  appropriate  and 
accurate  tax  books,  and  cause  to  be  extended  in  appropriate 
columns  opposite  the  name  of  each  person  each  item  of  taxable 
property,  as  returned  by  the  assessor  and  board  of  equalization, 
the  amount  of  taxes  whether  general  or  special  due  thereon  and 
charge  the  collector  with  the  full  amount  of  said  taxes  levied 
and  to  be  collected,  together  with  all  the  licenses  of  every  kind 
to  be  collected ;  to  preserve  and  file  away  all  duplicate  receipts 
of  the  monthly  payments  made  by  the  collector  to  the  treasurer, 
and  it  shall  be  the  duty  of  the  city  clerk  to  report  to  the  mayor, 
should  the  collector  fail  to  pay  into  the  treasury  his  monthl)- 
collections. 

Sec.  480.  The  city  clerk  shall  be  the  custodian  of  the 
city  seal  and  it  shall  be  his  duty  to  afifix  the  seal  of  the  city  to 
and  attest  all  official  intrustments  and  documents  of  the  mayor 
and  the  city;  he  shall  attest  and  affix  the  seal  of  the  city  to  all 
orders,  drafts  and  warrants  drawn  upon  the  treasurer  for  money. 

Sec.  481.  In  all  the  ordinances  of  the  city  heretofore  in 
lorce  where  the  term  "city  register"  is  used,  it  shall  be  con- 
strued to  mean  city  clerk,  and  it  shall  be  the  duty  of  the  city 
clerk  to  do  and  perform  generally,  all  such  duties  as  the  city 
register  was  by  ordinances  required  to  do. 


348  REVISED  ORDINANCES. 

Sec.  482.  As  full  compensation  for  all  his  duties  and 
services,  the  city  clerk  shall  receive  a  salary  of  nine  hundred 
dollars  per  annum. 

Sec.  483.  The  city  collector  shall  collect  all  taxes,  both 
general  and  special,  that  shall  be  levied  under  the  chapter  and 
ordinances  of  the  city,  and  shall  pay  over  to  the  city  treasurer 
at  the  end  of  each  month,  all  moneys  collected  during  the  same, 
he  shall  have  his  ofifice  in  the  rooms  cf  the  city  hall. 

Sec.  484.  The  city  treasurer  shall  receive  all  moneys  due 
the  city  from, any  and  all  sources,  and  pay  out  the  same  on 
warrants  oroered  by  the  city  council,  and  signed  by  the  mayor, 
countersigned  by  the  city  clerk,  and  stamped  with  the  seal  of 
the  city;  and  at  the  expiration  of  the  term  of  his  ofifices,  he 
.^hall  deliver  to  his  successor  in  ofifice  all  moneys,  books,  papers 
and  records  connected  with  his  ofifice. 


ARTICLE  IV. 
city  attorney. 

Section.  I  Section. 

485.  City    attorney,    duties    gener-  |  487.  Absent,   sick,   etc,  to  appoint 
ally.  I  attorney. 

486.  Appeals,  duties  concerning.  | 

Section  485.  It  shall  be  the  duty  of  the  city  attorney  to 
attend  to  all  such  legal  duties  as  may  be  required  of  him  by  the 
mayor  or  councilmen  of  the  city ;  to  give  advice  when  called 
upon ;  to  attend  and  prosecute  in  all  cases  in  behalf  of  the  city ; 
to  attend  to  all  cases  of  writs  of  errors  in  the  circuit  or  criminal 
courts,  the  St.  Louis  court  of  appeals  and  Kansas  City  court  of 
appeals  or  supreme  court;  to  bring  suits  and  to  collect  all  mon- 
eys to  be  collected  by  suits  at  law ;  to  take  appeal  in  such  cases 
as  he  shall  deem  the  interests  of  the  city  require,  and  to  prose- 
cute or  defend  the  same  in  the  appellate  court  to  final  hearing 
and  decision ;  to  report  to  the  councilmen  any  legal  defects  in 
the  city  ordinances,  or  the  power  of  any  city  officer;  to  prescribe 


REVISED    ORDINANCES. 


349 


the  form  of  all  deeds,  contracts  or  other  legal  instruments  exe- 
cuted to  or  by  the  city,  and,  when  required  to  do  so  by  the 
mayor  or  city  council,  shall  draft  the  same.  On  the  expiration 
of  the  term  of  his  office  he  shall  deliver  to  his  successor  in  office 
all  books,  papers,  records  and  property  pertaining  to  his  ofiice. 

Sec.  486.  When  the  city  attorney  shall  deem  it  proper  to 
take  an  appeal,  or  to  sue  out  a  writ  of  error,  in  any  case  when 
the  city  is  interested  in  the  decision  of  the  court  trying  the  same, 
to  the  proper  appellate  court,  he  shall,  for  that  purpose,  make 
for  the  city  the  necessary  affidavits,  and  make  and  execute,  in 
the  name  of  the  City  of  Sedalia,  the  necessary  papers  ;  and  when 
an  appeal  is  thus  taken,  he  shall  report  the  facts  to  the  mayor, 
who  shall  give  information  thereof  to  the  city  council  at  the  first 
meeting  thereafter. 

Sec.  487.  Whenever  the  city  attorney  shall,  by  reason  of 
temporary  absence,  sickness  or  other  cause,  be  unable  to  attend 
any  court,  or  the  trial  of  any  case,  he  may,  with  the  consent 
and  approval  of  the  mayor,  appoint  some  competent  lawyer  to 
act  in  his  stead  for  that  term,  or  the  trial  of  any  cause  or  causes. 


ARTICLE  V. 


street  commissioner. 


Section, 
488.  Office  of,  term,  how  appointed, 
may  be  removed  for  cause. 


Section. 

489.  Duties  of. 

490.  Power  to  make  arrests. 


Section  488.  There  is  hereby  created  the  office  of  street 
commissioner,  whose  term  of  office  shall  continue  for  the  term 
of  one  year,  unless  sooner  removed  for  cause ;  said  term  to 
commence  in  each  and  every  year  immediately  upon  the  annual 
election,  or  appointment  of  city  officers;  said  office  shall  be 
filled  by  appointment  of  the  mayor,  by  and  with  the  advice  and 
consent  of  the  city  council  by  a  majority  vote  of  all  of  the  mem- 
bers elected  to  the  council. 


350 


REVISED    ORDINANCES. 


Sec.  4S9.  It  shall  be  the  duty  of  said  street  commis- 
sioner: First,  to  execute  all  orders  of  the  mayor  and  city 
council,  in  relation  to  repairing  and  keeping  clean  the  streets, 
avenues,  lanes  and  alleys  of  the  city  ;  second,  to  observe  and 
report  to  the  mayor  all  obstructions  found  in  any  street,  avenue, 
lane  or  alley  within  the  corporate  limits  of  the  city;  third,  to 
superintend  the  repairing,  grading  and  macadamizing  of  all  such 
streets,  avenues  and  alleys,  and  the  building  of  crosswalks,  and 
the  constructing  of  sidewalks,  and  to  see  that  all  such  work  is 
properly  done;  fourth,  to  notify  the  owners  or  occupiers  of 
property  fronting  streets,  avenues  and  alleys  to  repair  sidewalks, 
and  cause  them  to  be  kept  free  from  all  obstruction;  fifth,  to 
observe  and  report  to  the  committee  on  streets  and  alleys  all 
repairs  necessary  to  be  made  upon  any  street  or  alley. 

Sec.  490.  Said  street  commissioner  shall  have  power  to 
make  arrests  for  the  breach  of  any  ordinance  of  the  city,  and  he 
shall  report  all  such  arrests  to  the  city  marshal.  He  shall  re- 
ceive for  compensation  such  sum  as  shall,  from  dme  to  time,  be 
prescribed  by  ordinance. 


ARTICLE  VI. 


MARSHAL    AND    POLICE. 


Section. 

491.  Police  force,    what   to   consti- 
tute. 

492.  Duties  of,  coucerning  arrests, 
etc. 

493.  Policemen,    duties  as  to  mar- 
shal, mayor,  etc. 

494.  Make    arrests,    enter    houses, 
etc.,  when. 

495.  Assistant   to   act   as    marshal, 
when. 

496.  Nuisance,  duty  concerning. 

497.  Marshal,  general  duties  of,  etc. 


Section. 

498.  To    attend    council,    preserve 
property,  etc. 

499.  Policemen,  may  be  suspended 
when,  vacancy  how  filler!. 

500.  Saloons,  etc.,  not  to  loiter  in, 
drink,  etc. 

501.  Property  of  party  arrested,  to 
be  taken,  how  and  when. 

502.  Marshal,  duties  of,  continued. 
503    Arrests,  with  and  without  pro- 
cess, when,  etc. 


Section  491.  The  regular  police  force  of  the  City  of 
Sedalia,  Missouri,  shall  consist  of  the  marshal,  who  shall  be  ex- 
ofificio  chief  of  police,  the  assistant  marshal,  who   shall  be  chief 


REVISED  ORDINANCES.  35  I 

of  police  in  the  absence  of  the  marshal,  and  such  number  of 
able-bodied  policemen  as  shall  from  tiiie  to  time  be  authorized 
by  the  charter  and  ordinances  of  the  city  and  deemed  necessary 
by  the  mayor  and  council  for  the  proper  protection  of  the  citi- 
zens of  the  city  and  their  property.  Every  policeman  appointed 
as  provided  by  ordinance  shall  hold  his  office  for  the  term  of  one 
year,  and  until  their  respective  successors  are  duly  appointed 
and  qualified,  unless  sooner  removed  for  cause. 

Sec.  492.  It  shall  be  the  duty  of  the  marshal  and  every 
policeman  to  be  active  and  vigilant  in  enforcing  all  ordinances 
of  the  city  in  relation  to  nuisances,  misdemeanors  and  the  public 
peace  and  good  order;  and  to  arrest  without  process,  and  take 
before  the  police  judge  for  trial,  any  person  who  shall,  within 
the  city,  in  their  presence,  commit  any  violation  of  such  ordi- 
nances, or  of  the  criminal  laws  of  the  state;  to  enter  any  saloon, 
dram-shop,  bawdy  house,  or  other  disreputable  place,  or  into 
any  business  house  or  residence  within  the  city  limits,  for  the 
purpose  of  preventing  or  suppressing  any  disorderly  or  riotous 
conduct  of  any  person  therein,  and  to  arrest  such  person  or 
persons  and  take  them  before  the  police  judge  for  trial ;  and  if 
such  arrest  be  made  in  the  night  time,  such  persons  may  be  in- 
carcerated in  the  city  prison  until  the  following  morning,  and 
until  such  time  as  the  police  judge  shall  be  in  his  office,  when 
they  shall  be  taken  before  him  for  trial  as  aforesaid. 

Sec.  493.  It  shall  be  the  duty  of  each  and  every  person 
appointed  policeman  to  discharge  such  duties  as  are  required  of 
the  marshal,  and  to  perform  such  other  duties  as  may  be  re- 
quired of  them  by  the  mayor  or  marshal ;  they  shall  keep  watch 
throughout  the  city  day  and  night,  and  shall  have  the  power  to 
arrest  malefactors,  rogues,  thieves,  vagabonds  and  all  disorderly 
persons  they  may  find  in  the  city,  and  place  them  in  confine- 
ment to  await  trial  subject  to  the  mayor's  orders;  and  upon 
making  any  arrest  they  shall  report  the  same  to  the  city  at- 
torney. 

Sec.  494.  The  police  are  hereby  authorized  to  enter  any 
house  or  inclosure  in  the  city  within  which    .ny  affray,  unlawful 


352  REVISED  ORDINANCES. 

assembly,  or  any  disturbance  or  breach  of  the  peace  may  occur, 
and  take  into  custody  all  offenders  therein  found ;  they  shall  ar- 
rest all  suspicious  persons  found  lurking  or  strolling  about  the 
city  at  late  hours  of  the  night,  unless  such  persons  can  give  sat- 
isfactory account  of  themselves ;  they  shall  have  power  to  arrest 
any  female  found  on  the  streets  alone,  at  any  hour  of  the  night, 
under  suspicious  circumstances;  they  shall  have  authority  to 
enter  any  brothel  or  house  of  ill  fame,  and  arrest  any  person 
found  therein;  they  shall  be  general  conservators  of  the  peace, 
and  shall,  without  warrant,  arrest  any  one  found  guilty  of  vio- 
lating any  provisions  of  the  ordinances  of  the  city,  and  lodge 
him,  her  or  them  in  the  city  jail,  there  to  remain  until  trial  in 
the  police  court. 

Sec.  495.  In  ca^e  of  the  absence  of  the  city  marshal  from 
the  city,  or  inability  to  act,  the  assistant  marshal  shall  discharge 
the  duties  of  marshal,  and  the  assistant  marshal  shall,  during 
the  absence  or  inability  of  the  marshal  to  act,  perform  his  du- 
ties, and  have  the  same  power  and  authority  as  the  marshal. 

Sec.  496.  It  shall  be  the  duty  of  the  city  marshal  to 
take  all  necessary  measures  to  ascertain  all  nuisances  which  may 
exist  within  the  city  limits,  and  if  declared  to  be  so  by  ordinance 
to  cause  the  same  to  be  immediately  removed,  and  report  the 
same  to  the  city  council;  it  shall  also  be  his  duty  to  visit  all 
parts  of  the  city,  to  make  diligent  inquiry  after  all  breaches  of 
ordinances  of  the  city  of  Sedal  q,  particularly  such  offenses  as 
may  be  pointed  out  to  him  by  the  mayor  or  any  councilman, 
and  to  report  the  same  to  the  city  attorney,  who  shall  prosecute 
the  same. 

Sec.  497.  The  marshal  shall  at  all  times  perform  such 
duties  as  are,  or  shall  be,  enjoined  on  him  by  ordinance, 
resolution  of  the  city  council,  or  any  statute  of  the  state;  and 
further,  it  shall  be  his  duty  to  visit  all  suspicious  or  disorderly 
neighborhoods  or  houses,  and  all  parts  of  the  city  where  dis- 
order and  breaches  of  the  law  are  most  likely  to  be  committed, 
and  to  arrest  and  take  into  custody,  without  warrant,  all  and 
every    person    who    may  be    found   in    the   commission   of  any 


REVISED  ORDINANCES.  353 

offense  against  the  ordinances  of  the  city,  and  report  such  arrest 
to  the  city  attorney.  He  shall  also  arrest  any  and  all  persons 
who  may  be  found  in  any  of  the  streets,  or  on  any  of  the  side- 
walks, or  in  any  public  place,  urinating  or  doing  any  indecent 
act  in  the  presence  or  view  of  any  female,  and  shall  arrest  with- 
out warrant  any  and  all  persons  who  may  be  found  in  the  streets 
of  the  city  or  on  the  sidewalks  in  a  state  of  intoxication,  and  take 
them  to  the  city  jail,  there  to  remain  in  confinement  until  per- 
fectly sobered. 

Sec.  498.  It  shall  be  the  duty  of  the  city  marshal  to  at- 
tend in  person,  or  appoint  one  of  the  city  policemen  to  attend, 
the  city  council  when  in  session,  and  ofificial  duties  alone  shall 
be  an  excuse  for  non-attendance ;  he  shall  also  collect  and  pre- 
serve all  personal  property  belonging  to  the  city  of  Sedalia, 
whenever  such  property  is  not  in  lawful  possession  of  some 
person  employed  in  the  services  of  said  corporation. 

Sec.  499.  Every  policeman  shall  obey  all  rules  and  reg- 
ulations prescribed  by  the  mayor  and  marshal,  and  if  any 
policeman  dies,  resigns  or  removes  from  the  city,  or  shall  fail, 
neglect  or  refuse  to  discharge  his  official  duties,  or  shall  be 
guilty  of  ungentlemanly  conduct,  or  become  intoxicated,  the 
council  may  by  resolution  declare  his  place  vacant;  and  the 
vacancy  shall  be  filled  in  the  same  manner  and  under  all  of  the 
provisions  concerning  appointments  in  the  first  instance. 

Sec.  500.  No  policeman,  while  on  duty,  shall  loaf  or 
loiter  in  any  billiard  hall  or  saloon,  nor  drink  any  intoxicating 
beverage  in  any  saloon,  nor  play  at  billiards  or  any  other  game 
in  this  city. 

Sec.  501.  No  policeman  or  other  person  in  the  employ  of 
this  city  as  such,  making  an  arrest,  shall  be  allowed  to  take 
from  the  party  arrested  any  money  or  other  property  except 
weapons,  until  such  party  arrested  shall  be  taken  before  the 
city  marshal  or  police  judge,  or  some  other  responsible  party  or 
person,  where  a  search  of  the  person  of  the  party  arrested  shall 
be  made  and  a  list  of  his    property   made  in  a  book  kept  by  the 


354  REVISED  ORDINANCES. 

policemen  for  said  purpose,  and  attested  by  the  officer  or  per- 
son before  whom  the  search  was   made. 

Sec.  502.  In  addition  to  the  duties  imposed  upon  him 
by  the  laws  and  ordinances  governing  this  city,  it  is  hereby 
made  the  duty  of  the  city  marshal:  To  attend  all  meetings  of 
the  city  council ;  when  unable  to  attend  he  shall  detail  a  member 
of  the  police  force  to  attend  in  his  stead ;  to  execute  all  orders 
and  serve  all  notices  emanating  from  the  mayor  or  city  council; 
to  collect  all  dog  tax  ;  to  pay  to  the  city  treasurer,  within  the 
first  three  days  of  each  month,  all  money  collected  by  him 
during  the  previous  month  for  fines  and  costs  in  the  police 
:ourt,  for  dog  tax  and  from  sale  of  impounded  animals ;  and  to 
file  the  treasurer's  receipt  therefor  with  the  city  clerk;  tore- 
port  to  the  city  collector  all  persons  doing  business  in  this  city 
without  the  requisite  city  license  therefor. 

Sec.  503.  It  is  hereby  made  the  duty  of  the  marshal  and 
policemen  at  all  times  to  make  or  order  an  arrest,  with  proper 
process  for  any  and  all  offenses  against  the  laws  and  ordinances 
of  Sedalia,  and  to  take  the  offender  before  the  police  judge  for 
trial;  and  to  arrest  without  process  in  all  cases  where  any  such 
offense  shall  be  committed  or  attempted  to  be  committed  in  his 
presence,  and  keep  such  offender  in  the  city  prison  or  other 
place  to  prevent  his  escape  until  a  trial  can  be  had.  It  is  hereby 
made  a  misdemeanor  for  any  marshal  or  policeman  to  take  any 
such  person  so  arrested  before  any  justice  of  the  peace  for  trial, 
except  under  the  order  and  direction  of  the  city  police  judge, 
and  for  each  violation  of  this  requirement  the  offender  shall  be 
fined  not  less  than  five  nor  more  than  twenty-five  dollars. 


REVISED  ORDINANCES.  355 

ARTICLE  VII 

POLICE    REGULATIONS. 


Section. 

504.  Marshal  and  police  lo  wear 
badge. 

505.  Marshal  and  police  to  wear 
uniform. 

506.  Committee  to  prescribe  uni- 
forms and  badges,  when— How 
paid  for,  etc. 


Section. 

507.  Marshal  and  police  to  pay 
city  for  badges  and  uniforms, 
how. 

508.  Penalty  for  violating  section 
507. 


Section  504.  The  marshal  and  every  poh'ceman  of  the 
City  of  Sedalia,  while  on  duty,  shall  wear  a  badge  conspicu- 
ously displayed  on  his  person,  indicating  his  official  position, 
such  badge  to  be  furnished  by  the  city,  and  to  remain  the  prop- 
erty of  the  city. 

Sec.  505.  The  marshal  and  every  regular  policeman  of 
the  City  of  Sedalia,  while  on  duty,  shall  appear  in  full  uniform. 
Said  uniform  shall  consist  of  coat,  pants,  vest,  and  a  hat  or  cap, 
and  shall  be  of  such  pattern,  color,  quality  and  trimmings  as 
may  be  prescribed  by  the  mayor  and  committee  on  ways  and 
means. 

Sec.  506.  It  shall  be  the  duty  of  the  committee  on  ways 
and  means  to  prescribe  a  uniform,  as  provided  for  in  the  next 
preceding  section,  and  a  badge,  as  provided  for  in  section  504 
of  this  article,  and  to  procure  for  the  city  the  necessary  number 
of  uniforms  and  badges,  all  of  which  shall  be  paid  for  by  a  war- 
rant drawn  upon  the  city  treasurer;  and  it  shall  be  the  duty  of 
said  committee  to  receive  bids  on  the  second  Monday  in  May  in 
each  year  for  the  furnishing  of  said  uniforms  at  a  stipulated 
price  per  suit,  and  they  shall  receive  and  accept  the  lowest  and 
best  bid  therefor. 

Sec.  507.  The  marshal  and  each  policeman  shall  pay  to 
the  City  of  Sedalia  for  said  uniforms  the  net  cost  thereof,  which 
Sum  shall  be  paid  in  such  installments  per  month  as  the  ways 
and  means  committee  may  direct,  and  such  installments  shall  be 
deducted  from  the  salary  of  the  officers  for  the  month  the  install- 


356 


REVISED  ORDINANCES. 


merit  is  required  to  be  paid,  and  a  warrant  issued  to  such  officer 
for  his  salary  for  that  month,  less  the  installment  due  on  his 
uniform. 

Sec.  508.  Any  marshal  or  policeman  who  shall  fail  to 
comply  with  the  provisions  of  this  article,  after  the  city  has 
procured  the  required  uniform,  shall  forfeit  to  the  city  all  right 
and  claim  to  any  salary,  from  the  time  of  such  offense,  until  he 
shall  have  complied  with  the  requirements  of  this  article;  and 
the  amount  of  such  forfeiture  shall  be  reported  by  the  mayor  to 
the  city  clerk,  and  the  same  deducted  from  such  officer's  sal- 
ary. 


ARTICLE  VIII. 


SUSPENSIONS    AND    REMOVALS. 


Section. 

509.  Mayor  empowered  to  suspend 
all  officers  for  what  causes. 

510.  Suspension,  how  effected, 
duties  of  clerk  and  marshal 
toward  accused,  misdemeanor 
for  suspended  officer  to  attempt 
to  perform  duties  of  office. 

511.  Mayor  to  lay  charges  before 
council,  when,  council  to  fix 
time  for  hearing,  cop)'  of 
charges  to  be  delivered  to  ac- 


Section. 

cused,  and  notice   of  time   of 
hearing  given,  how. 

512.  Council  to  hear  evidence,  may 
adjourn  from  time  to  time. 

513.  Council  to  decide  case,  when, 
how,  etc. 

514.  Who  may  prefer  charges 
against  mayor,  result  of,  to  be 
tried  as  other  like  cases. 

515.  Rights  of  accused,  city  attorney 

to  prosecute  for  city. 


Sec.  509.  The  mayor  is  hereby  empowered  to  suspend 
from  office  any  elective  or  appointive  officers  of  the  city  for  any 
of  the  following  causes:  For  a  willful  violation  of  any  of  his  of- 
ficial obligations ;  for  any  culpable  official  negligence  or  direlec- 
tion  of  duty;  for  any  conduct  inconsistent  with  his  official  char- 
acter and  duty;  for  official   incompetency. 

Sec.  510.  Such  suspension  shall  be  effected  by  an  ordi- 
nance filed  by  the  mayor  in  the  office  of  the  city  clerk,  accom- 
panied by  a  statement  of  the  charges  upon  which  the  same  is 
founded,  a  copy  of  which  shall  be  forthwith  made  by  the  clerk 
and    delivered   to   the   marshal,    who   shall  forthwith  deliver  the 


REVISED  ORDINANCES.  357 

same  to  the  officer  suspended;  and  if  any  city  officer  shall  during 
suspension  from  office  attempt  to  perform  any  official  duty,  he 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  before  the  police  judge,  maybe  fined  fifty  dollars,  and 
pay  the  costs  of  prosecution. 

Sec.  511.  Whenever  any  officer  shall  have  been  sus- 
pended as  above  provided  the  mayor  shall  lay  said  charges  be- 
fore the  council  at  its  first  regular  meeting  after  such  charges 
are  made;  and  the  council  shall  without  unnecessary  delay  pro- 
ceed to  investigate  such  charges  upon  a  day  to  be  by  them 
fixed.  The  city  clerk  shall  thereupon  make  out  a  certified 
copy  of  such  charges,  together  with  a  notice  of  the  day  fixed 
by  the  council  for  hearing  the  same,  which  certified  copy  and 
notice  shall  be,  by  the  marshal  or  the  person  acting  as  such, 
served  upon  the  suspended  officer  in  the  usual  manner  provided 
for  by  law  for  serving  legal  papers. 

Sec.  512.  Upon  the  day  fixed  the  council  shall  proceed, 
according  to  such  rules  as  they  may  adopt,  to  hear  the  evidence 
against  and  in  favor  of  the  accused,  adjourning  from  time  to 
time  as  may  be  necessary  until  they  shall  have  heard  all  the 
competent  evidence  in  the  case. 

Sec.  513.  Within  three  days  after  all  the  evidence  shall 
have  been  taken  the  council  shall  vote  by  yeas  and  nays  upon 
the  charges  separately.  The  question  upon  each  charge  shall 
be,  "Is  the  accused  guilty?"  If  the  council,  by  a  majority 
vote  of  all  the  members  elected,  find  the  accused  guilty  of 
either  of  the  charges,  such  officer  shall  by  resolution  be  re- 
moved from  office  and  his  office  declared  vacant  and  the  mayor 
shall  thereupon  cause  said  vacancy  to  be  filled  in  manner  pro- 
vided by  ordinance. 

Sec,  514.  The  council  or  any  member  thereof  may  at 
any  time  prefer  charges  against  the  mayor  for  any  of  the  causes 
set  out  in  this  article;  and  the  council  shall  at  once  proceed  to 
investigate  and  decide  the  said  charges  in  the  same  manner  hcre- 
rnbefore  provided  in  cases  of  suspended  officers.  During  such 
investigation  it  shall  be  unlawful  for  the  ma}'or  to  preside  at  the 


358 


REVISED  ORDINANCES. 


meetings  of  the  council;  and  should  he  be  found  guilty  of  either 
or  all  of  said  charges  preferred  against  him,  the  council  shall 
by  resolution  remove  him  from  offtce  and  declare  his  office 
vacant;  and  the  president  pro  tern  shall  immediately  take  the 
necessary  steps  to  fill  such  vacancy. 

Sec.  515.  Upon  any  such  trial  the  accused  shall  be  en- 
titled to  be  heard  by  himself,  or  his  counsel  in  his  defense,  and 
the  city  attorney,  or  the  person  acting  as  such,  shall  attend  the 
trial  and  prosecute  on  behalf  of  the  city. 


ARTICLE  IX. 


SALARIES    AND    COMPENSATION    OF    OFFICERS. 


Section. 

Section. 

516.   General  provision. 

531 

Councilmen. 

517.  Mayor. 

532. 

Board  of  health. 

518.   Marshal. 

533- 

Weigh  master. 

519.  Police  judge. 

534- 

Sexton  of  cemetery. 

520.  Clerk. 

535- 

When  paid  and  how. 

521.  Treasurer. 

536. 

Officer  not  to  retain  city  money 

522.  Collector. 

for  salary. 

523.  Attorney. 

537- 

Rodmen,    chainmen,     inspec- 

524.  Engineer,  civil. 

tors. 

525.   Assessor. 

538. 

Jury    in    condemnation     pro- 

526. Street  commissioner. 

ceedings,  pay. 

527.   Policemen. 

539- 

Judges  and  clerks  of  election. 

528.  Fire  department,  chief  of. 

pay. 

529.  Assistant  chief  of. 

540. 

Extra  police,  pay. 

530.   Hosemen  of 

541- 

Witnesses,  pay. 

Section  516.  The  officers  and  employes  of  the  city 
shall  receive  as  full  compensation  for  their  services  the  follow- 
ing salaries  and  fees : 

Sec.  S^7-  The  mayor  shall  receive  a  salary  of  six  hun- 
dred dollars  per  annum. 

Sec.  518.  The  marshal  shall  receive  a  salary  of  nine  hun- 
dred dollars  per  annum  and  such  fees  as  may  be  allowed  by 
ordinance. 

Sec.  519-  The  police  judge  shall  receive  a  salary  of  nine 
hundred  dollars  per  annum  and  such  fees  as  may  be  allowed  by 
ordinance. 


REVISED    ORDINANCES.  359 

Sec.  520.  The  city  clerk  shall  receive  a  salary  of  nine 
hundred  dollars  per  annum  and  such  fees  as  may  be  allowed  by 
ordinance. 

Sec.  521.  The  city  treasurer  shall  received  a  salary  of 
five  hundred  dollars  per  annum. 

Sec.  522.  The  city  collector  shall  receive  a  salary  of 
twelve  hundred  dollars  per  annum  and  in  addition  thereto  he 
shall  receive  a  commission  of  four  per  cent  on  all  delinquent 
taxes  collected  for  the  city. 

Sec.  523.  The  city  attorney  shall  receive  a  salary  of 
nine  hundred  dollars  per  annum  and  such  fees  as  may  be  al- 
lowed by  ordinance. 

Sec.  524.  The  city  engineer  shall  receive  a  salary  of  fif- 
teen hundred  dollars  per  annum. 

Sec.  525.  The  city  assessor  shall  receive  a  salary  of  six 
hundred  dollars  per  annum. 

Sec.  526.  The  street  commi-sioner  shall  receive  a  salary 
of  seven  hundred  and  twenty  dollars  per  annum. 

Sec.  527.  Each  regular  policeman  shall  receive  a  salary 
of  seven  hundred  and  twenty  dollars  per  annum. 

Sec.  528.  The  chief  of  the  fire  department  shall  receive  a 
salary  of  nine  hundred  dollars  per  annum. 

Sec.  529.  The  foreman  or  assistant  chief  of  the  fire  de- 
partment shall  receive  a  salary  of  eight  hundred  and  forty  dol- 
lars per  annum. 

Sec.  530.  Each  hoseman  of  the  fire  department  shall  re- 
ceive a  salary  of  six  hundred  dollars  per  annum. 

Sec.  531.  Each  councilman  shall  receive  a  salary  of  two 
hundred  dollars  per  annum. 

Sec.  532.  Each  member  of  the  board  of  health, -except 
the  mayor,  shall  receive  a  salary  of  two  hundred  dollars  per 
annum. 

Sec.  533.  The  city  weigh  master  and  ex-ofi(icio  city 
market  inspector  shall  receive  a  salary  of  one  hundred  dollars 
per  annum  and  one-half  of  all  the  fees  received  by  him  as  such 
weigh  master  and  ex-ofificio  market  inspector. 


36o  REVISED  ORDINANCES. 

Sec.  534.  The  sexton  of  the  city  cemetery  shall  receive 
one  hundred  dollars  per  year  and  such  amount  for  grave  digging 
as  may  be  allowed  by  ordinance. 

Sec.  535.  The  salaries  above  provided  for  shall  be  com- 
puted and  payable  on  the  first  day  of  each  month,  in  city  war- 
rants, to  be  drawn  as  provided  for  by  ordinance,  such  warrants 
to  be  preferred  warrants,  and  to  be  paid  on  presentation  to  the 
city  treasurer  prior  to  general  warrants,  if  suf^cient  funds  be  in 
the  treasury. 

Sec.  536.  No  city  oflficer  shall  be  allowed  to  retain  in  his 
hands  any  of  the  public  moneys  collected  or  paid  to  him  under 
the  pretense  of  payment  for  his  past  services,  but  they  shall  pay 
over  all  such  moneys  monthly  into  the  city  treasury,  and  give 
account  of  the  same  at  the  first  meeting  of  the  city  council  in 
each  and  every  month,  showing  the  kind  of  funds  paid,  whether 
city  warrants  or  money. 

Sec.  537.  In  the  construction  of  public  works  and  help 
necessarily  employed  in  connection  with  the  engineering  de- 
partment, inspectors,  rod-men  and  chain-men,  employed  by  the 
city,  shall  be  paid  at  the  rate  following  for  the  time  actually  en- 
gaged in  the  city  services:  Inspectors,  two  and  fifty  one-hun- 
dredths  dollars  per  day;  rod  men,  two  dollars  per  day;  chain 
men,  one  dollar  per  day. 

Sec.  538.  Each  juror  appointed  to  assess  damages  in 
condemnation  proceedings  by  the  city  shall  receive  two  dollars 
per  day  for  each  day  he  is  acting  in  making  said  assessments. 

Sec.  539.     Judges   and  clerks  of  elections  shall  each  re 
ceive  three  dollars  per  day  for  their  services. 

Sec.  540.  Extra  policemen  appointed  by  the  mayor,  un- 
der the  provisions  of  the  city  ordinances,  in  cases  of  emergency, 
shall  receive  two  dollars  per  day. 

Sec.  541.  Witnesses  summoned  before  the  council  or  be- 
fore any  committee  ot  the  council,  or  before  any  committee  ap- 
pointed by  the  council  or  mayor,  or  before  any  jury  in  the  con- 
demnation proceedings,  before  the  board  of  health  or  in  the  po- 


REVISED  ORDINANCES. 


361 


lice  court,  shall  receive  one  dollar  per  day;  and  where  such 
witness  lives  beyond  the  city  limits  they  shall  receive  the  same 
mileage  paid  witnesses  in  the  circuit  court. 


CHAPTER  21 


PERMITS. 


Section. 

542.  Te  erect  buildings,  etc.,    must 
have  permit,  how  obtained. 

543.  Public   buildings,    plans   of  to 
be  submitted,  etc., 

544.  Appeals,    when    permit   is    re- 
fused. 

545.  Street,  gutter,    etc.,    to  dig  or 
excavate,  permit  for. 

546.  To  dig,  etc.,  paved  or  macada- 
mized street. 

547.  To  place   or   leave  articles  on 
sidewalk,  etc. 

548.  Street,  alley,  etc.,  to  be  repair- 
ed, etc.,  how. 

549.  Failure   to   have   permit,  etc  , 
misdemeanor. 


Section. 

550.  Red  lanterns,  to  put  at  ex- 
cavation, when,  indemnit}- 
bond  to  the  city. 

551.  Stone,  brick,  earth,  etc.,  to 
carry  away,  must  have  permit. 

552.  City  engineer,  to  keep  record 
of. 

553-  Night  scavenger,  to  have  per- 
mit, bond  of. 

554.  Street  parades,  etc.,  permit 
for. 

555.  Violation  of  this  chapter  mis- 
demeanor. 


Section  542.  No  person  or  corporation  shall  erect  a  build- 
ing or  structure  of  any  kind  or  add  to  or  enlarge  or  extend  any 
building  or  structure  already  erected  or  which  may  be  hereafter 
erected,  within  this  city  without  first  having  obtained  a  permit 
from  the  city  engineer.  The  application  for  such  permit  shall 
state  the  exact  site  to  be  occupied,  the  material,  dimensions 
and  estimated  cost  of  the  proposed  building  or  structure  and  the 
probable  time  to  be  occupied  in  building.  The  city  engineer 
shall  thereupon,  after  an  inspection  of  the  premises,  or  without 
an  inspection,  as  he  may  deem  fit,  if  he  approve  the  application, 
issue  a  building  permit  to  the  applicant  giving  him  permission 
to  erect  a  building  or  structure  at  the  place,  and  of  the  materi- 
als, and  of  the  dimensions  mentioned  in  the  application,  and 
authorizing  the  use  and  occupation  of  not  more  than  one  third 
or  the  roadway  and   on   half  of  the   sidewalk   in   front  of  said 


362  REVISED  ORDINANCES. 

premises,  and  limiting  the  the  time  for  which  said  permit  shall 
continue.  The  city  engineer  may  if  he  deems  proper,  require 
that  plans  for  the  proposed  erection,  alternation  or  addition  be 
submitted  for  inspection,  before  issuing  his  permit.  The  gutter 
or  water  ways  of  any  street,  avenue  or  alley  shall  not  at  any 
time  be  obstructed  by  any  buildmg  or  other  materials  so  as  to 
prevent  the  free  passage  of  water  in  and  along  the  same,  but  the 
city  engineer  may  in  proper  cases  to  be  determined  by  him, 
authorize  the  removal  of  a  part  or  the  whole  of  the  sidewalk  in 
front  of  the  premises  where  the  building  is  to  be  erected  pro- 
vided a  good  temporary  plank  sidewalk  shall  be  constructed 
over  the  gutter  not  less  than  four  feet  wide  and  be  kept  and 
maintained  free  and  clear  of  obstruction  and  to  the  satisfaction 
of  the  said  city  engineer. 

Sec.  543.  The  city  engineer  shall  not  issue  a  permit  for 
the  erection  of  any  building  to  be  used  for  public  assemblies 
until  he  has  carefully  inspected  the  plans  and  specifications 
thereof,  and  ascertained  that  the  proposed  building  shall  have 
sufficient  strength  and  ample  means  of  ingress  and  egress  to 
secure  the  reasonable  safety  of  any  and  all  persons  who  may 
choose  to  assemble  there;  and  a  copy  of  such  specifications 
shall  be  deposited  in  the  office  of  the  said  engineer. 

Sec.  544.  If  in  any  case  the  city  engineer  shall  see  fit  to 
prohibit  the  erection  or  alteration  of  any  building  according  to 
the  plans  as  submitted,  and  such  prohibition  shall  appear  to  the 
owner  or  architect  to  be  unreasonable,  the  said  owner  or  archi- 
tect shall  have  the  right  to  appeal  to  a  committee  of  five  ex- 
perts, who  shall  be  architects  or  builders,  two  of  whom  shall  be 
chosen  by  the  said  owner  or  architect  and  two  by  the  city  engi- 
neer, the  fifth  one  to  be  chosen  by  the  other  four  and  their 
decision  shall  be  final. 

Sec.  545.  No  person  nor  corporation  shall  dig  or  exca- 
vate within,  through  or  under  any  street,  alley,  gutter,  curb, 
sidewalk  or  public  place  in  this  city  for  any  purpose,  except 
gas  and  water  pipes,  without  f'rst  obtaining  a  permit  from  the 
city  engineer.     The  application  for   such  permit  shall  state  the 


REVISED  ORDINANCES.  363 

exact  location,  dimensions  and  purpose  of  such  digging  or  ex- 
cavation. The  engineer  shall  thereupon  inspect  the  locality  and 
if  he  deem  proper  issue  a  permit,  authorizing  such  digging  or 
excavation  to  be  done  in  such  successive  portions  within  such 
limits  of  time,  and  with  such  safe-guards  as  he  may  designate 
with  a  due  iCgard  for  public  convenience  and  public  safety. 

Sec.  546.  It  shall  be  unlawful  for  any  plumber,  corpora- 
tion or  other  person  to  dig  up  or  in  any  manner  make  an)- 
excavation  in  any  of  the  paved  or  macadamized  streets  of  the 
city  or  that  may  hereafter  be  paved  or  macadamized,  without 
first  having  obtained  a  special  permit  from  the  city  engineer. 
And  any  person  desiring  such  a  permit  shall  make  written  ap- 
plication therefor  to  the  city  engineer,  which  application  shall 
designate  the  place  where,  and  the  reason  why,  such  digging  or 
excavation  is  intended  to  be  made;  and  if  such  digging  or  ex- 
cavation is  intended  to  be  made  for  a  lawful  purpose,  the  city 
engineer  shall  make  an  estimate  of  the  reasonable  cost  of  the 
digging,  excavation  and  replacing  the  street  in  as  good  condi- 
tion as  it  was  before  such  digging  and  excavation  was  made, 
and  such  applicant  shall,  before  obtaining  such  permit,  deposit 
with  the  city  engineer  a  sum  of  money  equal  to  the  amount  of 
the  engineer's  estimate  of  the  cost,  and  thereafter  the  said  en- 
gineer shall  issue  a  permit.  And  all  work  done  under  such  per- 
mit shall  be  done  under  the  superintendence  and  to  the  satisfac- 
tion of  the  city  engineer,  and  if  such  work  is  not  done  to  the 
satisfaction  of  the  city  engineer,  or  the  street  is  not  replaced  in 
as  good  condition  as  it  was  before  the  work  was  begun,  the  city 
engineer,  out  of  the  money  deposited  with  him,  shall  have  said 
work  done,  and  the  balance,  if  any,  of  said  deposit  shall  be 
refunded  to  the  applicant. 

Sec.  547.  No  person  or  corporation,  except  merchants, 
in  the  transaction  of  their  daily  business  shall  deposit,  place  or 
leave  any  material,  articles,  substance  or  thing  in  any  street, 
alley,  gutter,  sidewalk  or  public  place  of  this  city  without  first 
obtaining  a  permit  from  the  city  engineer.  Such  permit  shall 
be   issued    by   the   said    engineer  if  he  consider  that  necessity 


364  REVISED  ORDINANCES. 

exists  therefor  for  such   time    and    to    such    extent  as  each  case 
may  seem  to  require. 

Sec.  548.  Any  person  or  corporation  digging  or  exca- 
vating through,  under  or  along  any  street,  alley,  gutter,  curb, 
sidewalk  or  public  place  in  this  city  by  virtue  or  authority  of 
any  permit  granted  as  heretofore  provided,  or  by  virtue  or  au- 
thority of  any  franchise  or  right  heretofore  granted  by  the  City 
of  Sedalia,  shall  cause  the  street,  alley,  curb,  gutter,  sidewalk 
or  public  place  permitied  to  be  occupied,  dug  or  excavated,  to 
be  thoroughly, repaired,  restored  and  cleaned  to  the  satisfaction 
of  the  city  engineer;  and  in  case  such  digging  or  excavating  is 
done  by  virtue  of  any  permit  granted  as  aforesaid,  such  satisfac- 
tion shall  be  endorsed  upon  such  permit,  and  no  permit  not  so 
endorsed  shall  be  a  bar  or  defense  to  any  prosecution  or  viola- 
tion of  any  of  the  provisions  of  this  chapter. 

Sec.  549.  Any  person  erecting  any  building  or  occupy- 
ing any  portion  of  the  street,  alley,  gutter,  curb,  sidewalk  or 
public  place,  or  digging  or  excavating  as  aforesaid,  with- 
out first  obtaining  such  permit  as  heretofore  provided  for,  or 
violating  such  permit  after  the  same  shall  have  been  obtained, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
therefor,  be  punished  by  a  fine  of  not  less  than  one  nor  more 
than  one  hundred  dollars,  and  each  and  every  day  he  shall  con- 
tinue such  building  or  occupy  any  portion  of  the  street,  alley, 
gutter,  curb,  sidewalk  or  public  place  or  continue  such  digging, 
opening  or  excavation  in,  on,  along  or  under  any  street,  alley, 
gutter,  curb,  or  sidewalk  or  leave  either  unrepaired,  after  such 
conviction,  shall  constitute  a  new  and  separate  offense. 

Sec.  550.  All  permits  granted  by  virtue  of  this  chapter 
shall  be  upon  the  application  of  the  owner  or  authorized  agent 
of  the  property  to  be  built  upon,  or  on  account  of  or  in  connec- 
tion wiih  which  the  digging  or  excavation  shall  be  made  or 
done,  and  should  such  excavation  or  digging  abut  against  or 
close  to,  or  be  in  or  across  the  street,  sidewalk  or  gutter,  the  ap- 
plicant shall  build  guards  about  such  excavation  at  least  three 
feet  high   and    keep   red   lanterns   at  night  at  such  digging  as  a 


i 


REVISED    ORDINANCES. 


JU3 


danger  signal,  and  shall  enter  intc  a  bond  to  the  City  of  Sedalia, 
with  at  least  one  good  security  to  be  approved  by  the  city  engi- 
neer, in  the  sum  of  not  less  than  one  hundred  dollars,  condi- 
tioned that  he  will  hold  the  city  harmless  and  indemnify  the  city 
against  any  loss  by  reason  of  any  accident  to  any  one  arising 
from  the  negligence  of  the  owner  or  authorized  agent  or  his  ser- 
vants or  employes,  in  digging  or  excavating,  or  permitting  the 
same  to  be  done,  or  in  refilling  in  a  ditch  or  in  protecting  and 
guarding  any  excavation  or  ditch,  as  herein  set  out. 

Sec.  551-  No  person  shall  either  by  his  own  hand  or  by 
another  under  his  direction  dig  up,  remove  or  loosen,  take  or 
carry  away  any  stone,  brick,  lumber,  planks,  blocks,  earth, 
sand,  gravel  or  any  other  material  composing  any  street,  ave- 
nue, alley,  sidewalk,  crossing,  curb,  guttering  or  public  ground, 
whether  the  same  be  free  and  loosened  or  not,  without  obtain- 
ing a  permit  from  the  city  engineer. 

Sec.  552.  The  city  engineer  shall  keep  a  record  of  all 
permits  issued  which  shall  be  regularly  numbered  in  the  order 
of  their  issue,  and  he  shaH  also  file  and  preserve  in  his  office 
the  applications  upon  which  permits  are  issued.  He  shall  also 
keep  a  record  of  the  number,  description  and  size  of  ever)' 
building  erected  in  the  city  during  his  term  of  ofifice,  of  what 
materials  constructed  with  aggregates  of  the  number,  kind  and 
cost  of  all  buildings. 

Sec.  553.  All  persons  engaged  in  the  buisness  of  clean- 
ing vaults,  privies  and  water  closets,  commonly  called  night 
scavengers,  are  hereby  required  to  procure  permits  from  the 
city  clerk  before  plying  their  said  vocation,  provided  that  no 
permit  shall  be  granted  to  any  one  until  they  have  first  entered 
into  a  contract  with  the  city  of  Sedalia  to  furnish  suitable 
grounds  for  the  dumping  and  burial  of  the  night  soil,  privy 
contents,  etc.,  which  it  is  proposed  to  remove,  and  enter  into  a 
bond  to  the  city  of  Sedalia,  with  two  good  and  sufificient  securi- 
ties to  be  approved  by  the  mayor  for  the  faithful  performance 
of  his  part  of  the  contract  which  said  bond  shall  be  in  the 
penal  sum  of  two  hundred  dollars. 


366 


REVISED  ORDINANCES. 


Sec.  554.  That  hereafter  it  shall  be  unlawful  for  any 
body  or  band  of  persons  to  parade  the  streets  of  the  city,  or  to 
sing  or  play  in  the  public  streets  of  the  city,  without  first  ob- 
taining a  permit  from  the  mayor  so  to  do. 

Sec.  555.  Any  person,  officer  or  corporation  violating, 
or  failing  or  refusing  to  comply  with  the  provisions  and  require- 
ments as  contained  and  specified  in  this  chapter,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof, 
shall  be  punished — unless  other  punishment  has  been  heretofore 
specifically  prescribed — by  a  fine  of  not  less  than  one  nor  more 
than  one  hundred  dollars. 


CHAPTER  22. 


police  court. 


Section. 

556.  Establishment,     purposes    of. 

557.  Warrants,  when  to  issue,  form 
of. 

558.  Defendant,  trial  of,  bond  re- 
quired when,  form  of  commit- 
ment on  failure  to  give  bond. 

559.  Police  judge,  to  keep  docket, 
powers  of  as  to  subpcEnas, 
attachments,  contempt,  etc. 

560.  Witness,  refusal  to  testify,  to 
be  committed. 

561.  Continuances,  when  granted 
and  for  how  long. 

562.  Depositions,  may  be  taken, 
etc. 

563.  Trial,  by  jury  or  judge. 

564.  Jury,   empanelling  of,  verdict, 

etc. 


Section. 

565.  Certified  copies  of  records, 
etc.,  good  as  evidence,  when 
to  be  made,  etc, 

566.  Appeals,  how  taken. 

567.  Notice  of,  when  required. 

568.  Defendant,  committed  to  jail 
when,  form  of,  execution,  may 
issue. 

569.  What  actions  and  parties  may 
be  joined  in  one  suit,  judg- 
ments and  appeals. 

570.  Party  making  information  to 
be  competent  witness,  to  pay 
cost,  when. 

571.  Time  of  instituting  suit  or 
prosecution. 


Section.  556.  There  is  hereby  constituted  a  police  court 
for  the  trial  of  all  misdemeanors  and  breaches  of  the  ordinances 
of  this  city ;  and  the  proceedings  therein,  and  allowance  of  fees,  as 
far  as  practicable,  shall  be  made  conformable  to  the  general 
laws  of  the  state  of  Missouri  regulating  practice  before  justices 
of  the  peace. 


REVISED    ORDINANCES.  367 

Sec.  557.  If  the  marshal,  poHceman,  or  any  other  cred- 
ible person,  shall  make  and  subscribe  an  affidavit  before  the 
police  judge,  that  any  person  has  committed  a  breach  of  any 
ordinance,  01  the  city,  as  he  or  she  believes,  naming  the  breach, 
the  ordinance,  or  section  and  giving  the  time  and  place  of  com- 
mission, then  in  such  cases  the  affidavit  and  information  before 
named,  being  filed  with  the  police  judge  of  the  city,  it  shall  be 
the  duty  of  the  police  judge  forthwith  to  issue  his  warrant  to 
apprehend  such  offender,  which  shall  be  as  near  as  circum- 
stances will  admit,  in  the  following  form,  viz: 

STATE  OF  MISSOURI,"] 
County  of  Pettis,      >ss. 
City  of  Sedalia.  J 
To  the  Marshal  of  the  City  of  Sedalia ,  Greeting  : 

You  are  hereby  commanded  to  take  A.  B.  and  bring  him, 
together  with  this  warrant,  forthwith  before  the  undersigned 
police  judge  of  the  city  of  Sedalia,  to  answer  to  the  city  of  Se- 
dalia, on  an  information  had  for  breach  (or  several  breaches)  of 
an  ordinance  of  said  city,  entitled  (insert  title  or  number  of 
section.) 

Given  under  my  hand  at  the  city  of  Sedalia  this day 

of ,    18—. 

,  Police  Judge. 

Sec.  558.  On  return  of  any  warrant  issued  as  aforesaid, 
with  the  defendant  in  custody,  it  shall  be  the  duty  of  the  police 
judge  to  proceed  immediately  to  the  trial  of  such  defendant  on 
the  charge  or  statement  filed  against  him,  if  witnesses  can  be 
procured,  and  the  justice  of  the  case  will  admit  of  it;  or  he  shall 
set  a  day  and  hour  for  the  trial  of  the  cause,  not  to  exceed  ten 
days  after  the  return  of  the  warrant,  in  which  case  the  police 
judge  shall  take  a  sufficient  bond  or  recognizance,  with  security, 
to  be  by  him  approved,  from  the  defendant,  conditioned  that  he 
appear  before  the  police  judge  on  the  day  of  trial  and  answer  to 
said  charge,  which  bond  shall  be  given  in  the  usual  form  of 
bonds  in  such  cases,  before  justices  of  the  peace,  incases  of  mis- 
demeanors, to  the  City  of  Sedalia,  but  if  said  defendant  shall  re- 


368  REVISED  ORDINANCES. 

fuse  or  be  unable  to  give  such  bond  or  recognizance,  said  police 
judge  shall  commit  the  defendant  to  jail  in  custody  of  the  city 
marshal,  who  shall  be  ex-ofificio  jailor,  to  await  the  day  of  trial, 
by  making  out  a  warrant  of  commitment,  which  shall  be  as  near- 
ly as  circumstances  will  admit  in  the  following  form,  to-wit: 

STATE  OF  MISSOURI,] 
CouNiY  OF  Pettis,       > 
The  City  of  Sedalia.  J 
To  the  Marshal  of  the  City  of  Sedalia ,  Gj'eeting  : 

Whereas,  A.  B.  has  been'  brought  before  me,  the  under- 
signed police  judge  of  the  City  of  Sedalia,  on  a  warrant,  a  copy 

whereof  is  herewith  returned  to  you,  at  the  suit  of  the 

of  the  City  of  Sedalia,  in  an  action  for  the  breach  of  certain  or- 
dinances of  said  city,  and  the  trial  of   said  suit   having  been  by 

me  postponed  till  the  day  of ,   i8 — ,  and  the 

said  A.  B.  having  refused  to  enter  into  sufficient  bond  for  his 
appearance  on  said  day  to  answer  said  action  (or  if  defendant  is 
unable  to  give  bail,  said  A.  B.  having  failed  to  enter,  etc.,) 
these  are  therefore  to  command  you  to  receive  the  body  of  said 
A.  B.  into  the  city  jail,  and  him  safely  and  securely  keep    until 

the  said of ,   i8 — ,  and  that  you    then   bring 

the  said  A.  B.  before  me   for  trial. 

Given   under   my  hand,  at  the  City  of  Sedalia,  this 

day  of ,   1 8 — . 

,  Police  Judge. 

Sec.  559.  It  shall  be  the  drty  of  the  police  judge  when 
he  shall  issue  any  warrant  as  aforesaid,  to  keep  a  docket,  in 
which  he  shall  make  fair  and  accurate  entries  of  all  suits  and  ac- 
tions instituted  before  him,  with  his  proceedings  thereon;  and 
he  shall  issue  subpoenas  for  witnesses  on  the  request  of  either 
party ;  and  he  shall  have  po\i^er  to  issue  writs  of  attachment  for 
witnesses  to  compel  their  attendance,  and  may  impose  fines  for 
n^n-attendance,  after  being  duly  summoned  in  any  cause,  by 
way  of  punishment  for  contempt,  not  exceeding  fifty  dollars  and 
the  costs  of  the  attachments ;  and  he  shall  moreover  have  power 
to  issue  venires  for  juries  in  any  case  wherein  the  intervention  of 


REVISED  ORDINANCES.  369 

the  jury  is  required  by  either  party,  or  by  any  ordinance  of  the 
city ;  and  he  may  compel  the  attendance  of  any  person  sum- 
moned as  a  juror  by  attachment,  and  may  impose  fines  for  non- 
attendance,  or  for  any  contempt  or  disobedience  of  the  orders  of 
court,  not  exceeding  ten  dollars,  and  may  issue  execution  there- 
for, if  the  same  shall  not  be  paid  within  ten  days  after  it  is  im- 
posed. 

Sec.  560.  Any  person  summoned  and  attending  as  a 
witness,  or  who  shall  be  sworn  in  any  cause  to  testify,  who  shall 
refuse  to  give  evidence,  on  oath  or  affirmation,  as  the  case  may 
be,  shall  be  committed  to  jail  by  the  police  judge,  there  to  re- 
main, without  bail,  until  he  shall  have  given  such  evidence; 
and  the  warrant  or  commitment  under  which  said  witness  may 
be  committed  to  prison,  shall  be  in  the  name  of  the  state  of 
Missouri,  City  of  Sedalia,  directed  to  the  keeper  of  the  jail  of 
Sedalia,  reciting  the  cause  of  the  commitment,  and  shall  be 
signed  by  the  officer  making  the  same ;  and  said  writ  shall  be 
executed  by  the  city  marshal;  Provided,  that  the  prisoner  shall 
be  taken  from  prison  by  said  marshal  by  whom  he  was  com- 
mitted, when  he  shall  consent  to  give  his  testimony  as  re- 
quired. 

Sec.  561.  The  poHce  judge  shall  have  the  power  to 
adjourn  or  continue  the  trial  of  any  action  brought  before  him 
to  such  future  time  as  he  may  think  proper,  not  exceeding 
thirty  days,  if  the  justice  of  the  case  shall,  in  his  opinion,  re- 
quire a  continuance  or  adjournment;  and  upon  the  affidavit  of 
either  party,  his  agent  or  attorney,  that  the  testimony  of  a 
material  witness,  who  resides  out  of  the  city,  cannot  be  ob- 
tained, or  that  a  material  witness  cannot  attend  the  trial,  from 
infirmities  of  the  body  or  other  sufficient  cause,  stating  in  what 
the  materiality  of  such  testimony  or  witness  consists,  and  that 
such  testimony  or  witness  could  not  be  procured  by  the  party 
making  the  affidavit  in  time  for  trial,  and  that  such  testimony 
can  be  procured  within  thirty  days,  the  cause  shall  be  postponed 
to  a  day  certain,  within  reasonable  time,  as  the  distance  of  the 
witness  may  require;    and   whenever   a   cause   is  postponed,  the 


370  REVISED    ORDINANCES. 

defendant  shall  enter  into  a  bond  in  a  sufficient  sum,  with  secu- 
rity, to  secure  his  appearance  to  the  action  on  the  day  of  trial 
and  if  such  defendant  shall  fail  or  neglect  to  enter  into  such 
appearance  bond,  he  shall  be  committed  for  trial  as  is  provided 
by  section  558. 

Sec.  562.  The  police  judge,  when  any  action  may  be 
pending,  on  application  of  the  defendant  or  his  agent  or  at- 
torney, shall  grant  a  rule  to  take  the  depositions  of  such  wit- 
nesses as  shall  be  by  him  named,  which  rule,  being  certified  by 
the  officer  granting  the  same,  shall  be  sufficient  authority  to  any 
justice  of  the  peace  within  the  United  States  or  their  territories, 
to  take  and  cert.fy  the  depositions  of  such  witnesses  as  shall  be 
named  in  said  rule;  and  the  depositions  so  taken  and  certified, 
in  pursurance  of  such  rule,  shall  be  lawful  evidence  in  the  trial 
of  the  cause ;  Provided,  that  the  same  shall  be  otherwise  com- 
petent testimony  in  law,  and  shall  have  been  regularly  taken  in 
pursurance  of  lawful  notice  to  the  opposite  party  in  the  cause ; 
■dnd,  provided,  also,  that  no  rule  shall  be  necessary  to  take  the 
deposition  of  any  witness  found  in  the  state  of  Missouri,  but 
notice  shall  be  given  as  in  cases  pending  before  the  circuit 
court. 

Sec.  563.  If  the  parties  appear  before  the  police  judge 
either  in  person  or  by  agent  or  attorney,  he  shall  proceed  to 
hear  the  proofs  and  allegations  produced  and  made  by  the 
parties,  and  give  judgment  according  to  right  and  justice  for 
such  sum  as  he  may  think  proper,  or  the  law  requires,  if  for 
the  plaintiff;  and  he  may  acquit  the  defendant  if  he  thinks  he 
is  not  guilty  of  the  charge  alleged  against  him,  unless  the  law 
shall  require  the  intervention  of  a  jury,  or  either  party  shall 
demand  a  trial  by  jury,  in  which  case  it  shall  be  the  duty  of 
said  police  judge  to  empanel  a  jury  of  six  lawful  and  impar- 
tial jurors. 

Sec.  564.  The  qualifications  of  jurors,  in  all  actions 
arising  under  any  ordinance  of  the  city,  shall  be  the  same  as  in 
suits  in  the  circuit  courts  of  the  State,  and  three  jurors  may  be 
peremptorially   challenged   or  excused   from  serving,  for  favor, 


REVISED  ORDINANCES.  37*1 

being  of  kin  to  the  defendant,  for  corruption,  legal  disqualifica- 
tion, or  having  previously  formed  or  expressed  an  opinion  on 
the  merits  of  the  particular  cause  which  they  aie  summoned  to 
try;  and  upon  a  panel  of  six  being  completed,  an  oath  or 
aflfirmation  shall  be  administered  to  the  jurors,  well  and  truly  to 
try  the  matter  in  dispute  between  the  parties,  and  a  true  verdict 
give  according  to  the  evidence;  and  it  shall  be  the  duty  of  the 
jury,  if  they  find  for  the  defendant,  to  return  their  verdict  that 
they  find  the  defendant  not  guilty  ;  and  upon  such  verdict  be- 
ing signed  by  the  foreman  of  the  jury,  and  agreed  to  in  open 
court  by  his  fellows,  the  police  judge  shall  enter  upon  his 
docket  a  judgment  of  acquittal  in  favor  of  defendant  and  shall 
adjudge  costs  against  the  plaintiff  or  informant  as  he  in  his 
judgment  shall  deem  just,  and  the  defendant  shall  be  dis- 
charged;  but  if  the  jury  find  a  verdict  for  the  plaintiff,  they 
shall  return  in  their  verdict  that  they  find  the  defendant  guilty, 
and  assess  the  fine,  which  verdict,  when  signed  by  the  foreman 
and  agreed  to  by  his  fellows  in  open  court,  shall  be  recorded  on 
the  docket,  and  the  police  judge  shall  thereupon  enter  up 
judgment  against  defendant,  for  such  sum  as  the  jury  may  have 
assessed,  not  exceeding  nor  less  than  the  fine  and  forfeiture 
authorized  by  ordinance,  and  also  all  costs  of  suit. 

Sec.  565.  Certified  copies  of  the  ordinances  of  the  City 
of  Sedalia,  maps,  plats  and  surveys  of  the  city,  or  any  part 
thereof,  or  orders,  resolutions,  minutes,  journals  and  proceed- 
ings of  the  board  of  alderman,  or  proclamations  of  the  mayor 
or  president  of  the  council,  the  assessment  and  tax  list,  all 
books  kept  by  the  clerk,  mayor,  treasurer  and  other  officers  of 
the  city,  and  duly  certified  abstracts  and  copies  thereof,  and  of 
reports,  settlements  and  statements  made  in  pursuance  of  any 
law,  ordinance,  rule  or  resolution, or  order  of  the  board,  shall  be 
admitted  and  received  in  evidence  in  all  trials,  actions,  suits 
and  informations  before  the  police  judge;  provided,  that  all 
copies  shall  be  duly  certified  by  the  officer  or  person  who  shall 
rightfully  possess  or  keep  the  same,  under  his  hand  officially 
made;    and  it  shall  be  the  duty  of  all  city  officers  to  grant  certi- 


372  REVISED  ORDINANCES. 

fied  copies  of  their  official  books  and  papers  to  any  defendant 
or  other  person,  on  application,  on  payment  of  such  fees  as  are 
allowed  by  law  to  clerks  of  the  circuit  courts,  which  shall  be 
paid  into  the  city  treasury ;  but  they  shall  charge  no  fees  when 
any  such  copy  is  called  for  on  behalf  of   the  city. 

Sec.  566.  In  all  cases,  suits  and  actions  arising  under 
any  ordinance  of  the  city  of  Sedalia,  any  person  or  party  who 
may  think  himself  aggrieved  by  the  judgment  of  the  police 
judge,  may,  by  him  or  themselves,  or  by  his  or  their  agent, 
have  liberty  to  appeal  from  such  judgment,  within  ten  days  of 
the  rendition  thereof,  to  the  next  term  of  the  criminal  court  to 
be  held  in  the  county  of  Pettis  ;  and  the  party  appealing  shall 
make  an  affidavit  that  he  does  not  make  the  application  for  an 
appeal  for  the  purpose  of  vexation  or  delay  but  because  he  be- 
lieves that  he  is  injured  by  the  judgment  of  the  police  judge, 
and  shall  enter  into  a  recognizance,  with  one  or  more  sufficient 
securities,  in  a  sum  sufficient  to  secure  the  fine  and  all  costs  that 
may  accrue  in  such  appeal,  which  recognizance  shall  be,  as  near 
as  may  be,  in  the  following  form,  to-wit : 

"We,  the  undersigned,  A.  B.  and  C.  D.,  acknowledge 
ourselves  to  be  indebted  to  the  city  of  Sedalia  in  the  simi  of 
dollars,  to  be  levied  on  our  respective  goods  and  chat- 
tels, lands  and  tenements,  upon  condition,  nevertheless,  that 
whereas,  the  said  A.  B.  hath  appealed  from  the  judgment  of  G. 
H.,  police  judge,  of  the  city  of  Sedalia,  in  a  certain  ac^ion, 
wherein  the  said  police  judge  of  the  city  of  Sedalia  is  plaintiff, 
and  A.  B.  defendant:  Now,  if  the  said  A.  B.,  the  appellant, 
shall  prosecute  his  appeal  with  effect,  pay  and  satisfy  the  fine 
and  all  costs,  or  otherwise  abide  the  judgment  of  the  criminal 
court  in  said  appeal,  then  this  recognizance  to  be  void;  other- 
wise to  remain  in  full  force  and  effect."  Which  recognizance. 
no  given  by  the  defendant,  or  any  person  on  his  behalf,  shall 
be  subscribed  by  the  person  entering  into  the  same,  and  shall 
be  attested  by  the  police  judge. 

Sec.  567.  In  all  cases  of  appeals  not  prayed  for  and 
granted  on  the   day  the  judgment  appealed   from  isgiven,  the 


REVISED    ORDINANCES.  373 

party  appealing,  or  his  agent,  officer  or  attorney,  shall  notify  in 
writing  the  opposite  party,  or  his  agent,  officer  or  attorney, 
within  ten  days  after  the  appeal,  that  such  appeal  has  been 
taken;  and  all  notices  of  appeals  may  be  served  by  the  city 
marshal  or  any  policeman  whose  return  or  copy  thereof  shall 
be  evidence  of  the  facts  therein  stated. 

Sec.  568.  If  the  amount  of  judgment  rendered  by  the 
police  judge  in  any  action  or  proceeding  under  any  ordinance  of 
said  city  and  the  costs  of  suit,  shall  not  be  paid  immediately 
after  the  rendition  thereof,  to  the  officer  by  whom  said  judg- 
ment was  given,  or  to  the  city  marshal  or  clerk  of  the  city, 
unless  an  appeal  has  been  granted  as  aforesaid,  which  shall 
operate  as  a  supersedeas,  it  shall  be  the  duty  of  the  officer  by 
whom  such  judgment  has  been  rendered  to  commit  to  jail  any 
defendant  until  judgment  and  costs  shall  be  paid,  the  warrant 
for  such  commitment  shall  be  in  the  following  form,  viz: 

STATE  OF  MISSOURI, 
City  of  Sedalia. 
To  the  Jailer  of  the  City  of  Sedalia  : 

Whereas,  A.  B.  has  been  brought  before  me,  the  under- 
signed, police  judge  of  the  City  of  Sedalia,  on  a  warrant  issued 
in  behalf  of  the  City  of  Sedalia,  on  an  information  for  the  breach 
of  certain  ordinances  of  said  city;  and,  whereas,  on  the  trial  of 
the  said  A.  B.  on  said  information,  he  was  found  guilty  of  the 
charges  contained  in  said  information,  and  a  fine  of dol- 
lars was  assessed  as  the  punishment  thereof,  and  judgment  was 
rendered  therefor,  together  with  costs  of  suit,  and  the  said  A.  B. 
having  failed  to  pay  the  same:  These  are,  therefore,  to  com- 
mand you  to  receive  the  body  of  the  said  A.  B.  into  the  jail  of 
said  city,  and  him  safely  and  securely  keep  until  said  fine  and 
costs  shall   be  paid. 

Given  under  my  hand,  at  the  City   of   Sedalia,  this 

day  of ,   18 — . 


-,  Police  Judge. 


In  a'ddition  to  issuing  said  warrant  of  commitment,  the  po- 
lice judge  issuing  the  same  may  issue  an   execution  against  the 


374  REVISED  ORDINANCES. 

goods,  chattels  and  personal  property  of  the  party  committed 
for  the  satisfaction  of  the  fine  and  costs,  which  execution  shall 
be  issued  in  like  manner  and  form,  have  the  same  effect  and 
force,  and  be  returned  and  executed  in  the  same  manner  as  exe- 
cutions issued  by  justices  of  the  peace ;  and  the  marshal  shall 
have  the  same  power  as  constables  have  under  executions  issued 
by  justices  of  the  peace. 

Sec.  569.  When  any  person  shall  have  committed  sev- 
eral breaches  of  the  same  or  similar  ordinances  at  different  times, 
which  breaches  are,  or  may  be,  of  the  same  nature,  punishable 
by  fine  or  forfeiture,  it  shall  be  lawful  to  join  said  several 
breaches  together  in  one  and  the  same  action,  and  the  fine  im- 
posed by  ordinance  may  be  imposed  jointly,  and  judgment  en- 
tered therefor  accordingly  for  the  whole  amount  of  such  fine; 
and  it  shall  be  lawful  to  find  the  defendant  not  guilty  as  to  one 
or  more  breaches,  and  guilty  as  to  the  others;  it  shall  also  be 
lawful  to  join  several  defendants  in  the  same  action,  for  one  of 
several  offenses  against  any  ordinance  or  ordinances  of  the  same 
nature,  if  said  several  defendants  were  present  and  committed 
said  several  offenses  in  the  presence  of  each  other,  and  some  of 
said  defendants  may  be  found  guilty  and  others  acquitted,  as  if 
they  had  been  tried  separately  ;  and  if  several  defendants  shall 
be  convicted  in  the  same  action  or  information,  judgments 
against  each  shall  be  several,  and  execution  may  be  issued 
against  them  severally:  Provided,  however,  that  when  several 
judgments  are  rendered  in  the  same  action  or  information,  the 
costs  of  suit  shall  be  apportioned  among  the  defendants  accord- 
ing i"o  equity  and  justice,  so  that  each  defendant  shall  pay  his 
ratable  share  thereof;  and  each  defendant  shall  have  the  right 
of  appeal  in  the  same  manner  as  if  he  had  been  sued  and  tried 
separately,  or  all  the  defendants  may  join  in  such  appeal. 

Sec.  570.  On  the  trial  of  all  persons  for  offenses  against 
the  ordinances  of  the  city,  the  informant  shall  be  a  competent 
witness  in  the  case  to  prove  the  commission  of  the  offense,  and 
said  informer  shall  pay  costs  of  prosecution  if  the  defendant  be 
acquitted,  if,  in  the  opinion   of   the  officer  trying  the  cause,  the 


REVISED  ORDINANCES. 


375 


information  was  or  is  vexatious  or  malicious,  or  has  been  insti- 
tuted without  any  just  cause,  to  be  adjudged  against  him  by 
said  officer  at  his  discretion,  and  execution  shall  issue  therefor 
as  in  other  cases. 

Sec.  571.  No  person  or  persons  shall  be  sued  or  prose- 
cuted, tried  or  punished  for  any  offense  against  any  ordinance 
of  the  City  of  Sedalia,  unless  proceedings  for  the  same  shall  be 
commenced  within  one  year  next  after  the  offense  shall  have 
been  committed,  unless  said  offender  shall  have  fled  or  ab- 
sconded, or  absented  himself  from  the  city  during  said  period 
of  one  year  after  the  commission  of  the  offense,  or  shall  have 
concealed  or  absented  himself  for  the  period  aforesaid  in  such 
manner  that  process  could  not  be  served  upon  him,  in  which 
case  the  provisions  of  this  section  shall  be  no  bar  to  the  institu- 
tion and  prosecution  of  such  suit,  action  or  proceeding. 


CHAPTER  23. 


PISTOL    GALLERIES. 


Section. 

572.  To  keep  or  maintain,  consent 
of  what  property  owners 
necessary. 

573.  License,    when  to  be  granted. 


Section. 

574.  Tax  on,   what  and  when  to  be 
paid. 

575.  License, may  be  revoked, when 

576.  Misdemeanor,   to   violate   this 
chapter. 


Section  572.  It  shall  be  unlawful  for  any  person  or  persons 
to  keep  or  maintain  for  themselves,  or  by  them  for  another,  any 
place  for  the  purpose  of  rifle  practice,  or  target  shooting,  com- 
monly called  "pistol  galleries,"  in  any  building  or  upon  any 
lot  of  gound  within  the  city  limits,  without  first  having  obtained 
the  written  consent  of  two-thirds  of  all  the  owners  or  occupants 
of  property  or  rooms  within  three  hundred  feet  of  the  place 
where  such  "pistol  gallery"  is  to  be  kept. 

Sec.  573.  Parties  desiring  a  license  for  such  pistol  gal- 
leries  shall   present   to  and  file  with  the  city   clerk  the   written 


376  REVISED  ORDINANCES. 

consent  of  the  owners  and  occupants  of  property  or  rooms  as 
provided  in  section  572  of  this  chapter,  and  shall  make  aflfidavit 
before  said  clerk  that  such  statement  so  provided  to  be  filled, 
contains  not  less  than  two-thirds  of  all  the  owners  or  occupants 
of  property  or  rooms  within  three  hundred  feet  of  the  place  to 
be  occupied  for  such  purposes,  whereupon  the  clerk  shall  issue 
a  license. 

Sec.  574.  There  shall  be  paid  to  the  city  of  Sedalia  a 
license  tax  of  fifty  dollars  per  year  by  the  keeper  of  all  "pistol 
galleries,"  to  be  paid  semi-annually  on  the  first  day  of  May 
and  November  of  each  year,  which  license  tax  shall  be  paid  be- 
fore a  license  is  issued  by  the  city  clerk.  Provided,  a  license 
may  be  issued  from  day  to  day  at  the  rate  of  one  dollar  for 
each  and  every  day  so  issued. 

Sec.  575.  Where  a  license  has  been  granted  in  pursuance 
of  the  provisions  of  this  chapter  the  same  may  be  revoked  by 
the  council,  upon  the  written  request  of  two-thirds  of  the 
owners  or  occupants  of  the  property  or  the  rooms  within  three 
hundred  feet  of  the  place  where  the  same  is  kept  and  said  re- 
quest shall  be  verified  by  the  afftdavit  of  one  of  the  signers 
thereof  as  to  its  correctness  and  that  it  contains  the  required 
two-thirds  majority.  After  the  revocation  of  said  license  such 
business  shall  immediately  cease.  When  a  license  is  revoked  a 
pro  rata  amount  of  the  license  charges  shall  be  returned  by  the 
city. 

Sec.  576.  Any  person  violating  any  of  the  provisions  of 
this  chapter  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction,  shall  be  fined  not  exceeding  one  hundred  dollars. 


REVISED  ORDINANCES. 


377 


CHAPTER  24. 


PLUMBERS. 


Section. 

577.  License,  not  to  have,  a  misde- 
meanor. 

578.  Application  for,  how  made. 

579.  Bond  to  be  filed,  when. 


Section. 
580.  Streets,  excavations,   etc.,   in, 
how  made  and   repaired,  vio- 
lation of  this  chapter  a  misde- 
meanor. 


Section  577.  Plumbers  license  for  one  year  shall  be 
granted  by  the  city  clerk  to  practical  plumbers  only  and  upon 
making  application  for  a  license  they  must  furnish  the  city  clerk 
with  satisfactory  evidence  of  experience  in  busine^s  and  a 
proper  qualification  for  the  work.  Any  person  not  so  licensed 
who  shall  do  any  plumbing,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof,  shall  be  punished  by  a 
fine  of  not  less  than  five  nor  more  than  fifty  dollars. 

Sec.  578.  Application  for  a  license  shall  be  made  in 
writing  to  the  city  clerk,  and  it  shall  state  the  full  name  of  the 
applicant,  and  if  a  firm  it  shall  give  the  full  name  of  each  mem- 
ber, the  place  of  business  existing,  and  the  proposed  place  of 
business. 

Sec.  579.  At  the  time  of  receiving  a  license  the  party 
shall  execute  and  deposit  in  the  office  of  the  city  clerk  a  good 
and  sufficient  bond  with  two  or  more  sufficient  securities  to  be 
approved  by  the  mayor,  in  the  sum  of  three  thousand  dollars, 
conditioned  that  said  plumber  shall  perform  his  work  in  faithful 
and  workmanlike  manner,  and  that  he  will  indemnify  and  save 
harmless  the  city  of  Sedalia  from  all  accidents  and  damages 
caused  by  any  negligent  or  unskillful  work  or  in  protecting  the 
same,  and  that  he  will  also  replace  and  restore  the  pavement  or 
street  or  alley  over  any  opening  he   may  have  made  to  lay  ser- 


3/8  REVISED  ORDINANCES. 

vice  pipes  or  for  other  purposes,  to  as  good  state  and  condition 
as  he  found  it,  and  maintain  the  same  in  said  condition  for  one 
month  thereafter. 

Sec.  580  Where  work  is  done  in  a  street  the  street  must 
be  opened  in  the  manner  which  will  occasion  the  least  inconve- 
nience to  the  public  and  admit  of  the  uninterrupted  passage  of 
water  along  the  gutter.  No  excavation  in  any  public  place 
must  be  left  open  over  night,  and  every  precaution  must  be 
taken  for  the  public  safety.  In  refilling  the  trenches  the  earth 
must  be  put  back  in  nine  inch  layers  and  thoroughly  rammed 
and  settled  with  water.  The  street  and  pavement  must  be  re- 
stored to  as  good  condition  as  previous  to  making  the  excava- 
tion, and  all  dirt,  stone  and  rubbish  must  be  removed  imme- 
diately after  the  completion  of  the  work.  Should  an  excavation 
in  any  street,  alley  or  highway  be  left  open  or  unfinished  for  the 
space  of  twenty-four  hours,  or  should  the  work  be  improperly 
done,  or  the  rubbish  not  removed,  the  city  shall  have  the  right 
to  finish  and  correct  the  work  at  the  expense  of  the  plumber 
whose  work  is  thus  finished  or  corrected,  which  shall  be  paid  by 
such  plumber  before  he  can  receive  another  permit.  Any  per- 
son violating  any  provision  of  this  chapter  shall  be  deemed 
guilty  of  a  misdemeanor  and,  upon  conviction,  be  fined  not  less 
than  five  nor  more  than  one  hundred  dollars. 


REVISED    ORDINANCES.  379 


CHAPTER  25. 


PRIVIES    AND    WATER    CLOSETS. 


Section. 

581.  Buildings,  what  to  have,  vaults 
and  closets. 

582.  Filthy,  leaking,  etc.,  misde- 
meanor. 

583.  Vaults,  etc.,  not  connected 
with  sewer,  how  constructed 
and  kept. 

584.  When  to  be  connected  with 
sewer,  failure  to  a  misde- 
meanor. 


Section. 

585.  Connection  with  sewer,  man- 
ner of. 

586.  Leaking  vaults,  etc.,  unlaw- 
ful. 

5S7.  Misdemeanor  to  violate  thi.s 
chapter,  punishment  when  not 
specially  provided. 

588.  Marshal  and  police,  to  report 
concerning,  etc. 


Section  581.  Each  and  every  building  within  the  City  of 
Sedalia,  used  as  dwellings,  stores,  livery  stables,  tenement  houses, 
warehouses,  factories,  mills,  foundries,  depots,  schools,  semina- 
ries, hotels,  restaurants,  boarding  houses,  jails  and  shops,  shall 
be  provided  and  furnished  with  suitable  and  lawful  privy  vaults 
or  water  closets,  and  this  shall  be  for  sanitary  purposes. 

Sec.  582.  Any  owner,  lessee,  tenant  or  agent  of  any 
building  or  lot,  of  any  ground  in  the  City  of  Sedalia  who  shall 
maintain  or  allow  to  exist  about  or  on  said  building  or  lot  of 
said  ground,  any  privy,  privy  vault,  basin,  cess-pool  or  water 
closet  which  shall  be  found  in  an  overflowing,  leaking,  full,  filthy 
stinking,  insecure,  defective  or  unlawful  condition,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof, 
shall  be  fined  not  less  than  one  dollar  nor  more  than  one  hun- 
dred dollars  for  each  offense ;  and  every  day  on  which  a  viola- 
tion of  this  section  exists  as  to  any  promises,  shall  constitute  a 
separate  and  distinct  offense. 

Sec.  583.  On  all  premises  not  so  situated  as  to  be  access- 
ible to  the  sewerage  system  of  the  city,  public  district  or  pri- 
vate, the  vaults  of   all    privies    shall  be  not  less  than  four  feet 


38o  REVISED  ORDINANCES. 

deep  below  the  surface  of  the  ground  and  securely  walled  or 
lined  up  with  brick,  stone  or  other  substantial  material,  at  least 
eight  inches  above  the  surface  of  the  ground ;  the  wall  or  struct- 
ure of  the  privy  to  be  closely  connected  and  built  to  and  upon  such 
vault  so  as  to  prevent  the  escape  of  foul  odor  or  gases,  as  near 
as  may  be,  and  no  privy  having  a  vault  not  connected  with  the 
sewerage  system  of  the  city  shall  be  constructed  nearer  than  two 
feet  of  any  public  alleys  of  the  city ;  and  no  privy  having  a  vault 
not  supplied  with  and  continuously  cleansed  by  water,  and  not 
connected  with  the  sewerage  system  of  the  city  shall  be  con- 
structed nearer  than  ten  feet  to  any  public  streets  of  the  city  or 
to  the  property  of  another,  and  in  no  case  nearer  than  two  feet. 
Whenever  any  such  privy  vault  shall  become  full  to  within  two 
feet  of  the  top  it  shall  be  emptied  and  its  contents  removed,  and 
it  shall  be  unlawful  to  build  or  maintain  any  privy  vault  or  privy 
structure  situated  as  described  in  this  section  otherwise  than  is 
herein  provided. 

Sec.  584.  The  vaults,  privies  and  water  closets  in  or  be- 
longing to  all  buildings  designated  in  section  581  of  this  chap- 
ter located  on  a  line  of  any  street  or  alley  through  which  there 
is  a  public,  district  or  private  sewer  shall  be  connected  by  their 
owners,  lessees  or  agents  of  such  property,  with  such  district, 
public  or  private  sewer,  whenever  required  to  do  so  by  the  or- 
der of  the  board  of  health,  which  order  shall  be  served  in  the 
same  manner  as  writs  of  summons  are  required  to  be  served  in 
civil  cases,  and  if  the  owner,  lessee  or  agent  who  shall  have 
been  served  with  such  notice  shall  fail  to  comply  with  the  order 
of  the  board  of  health  in  the  time  indicated  in  such  order,  then 
such  owner,  lessee  or  agent  shall  be  deemed  guilty  of  a  misde- 
meanor, and  on  conviction,  shall  be  fined  not  less  then  one  dol- 
lar nor  more  than  one  hundred  dollars ;  and  every  day  on  which 
a  violation  exists  as  to  any  promises  shall  constitute  a  separate 
offense. 

Sec.  585-  All  vaults,  privies  or  water-closets  hereafter  to 
be  connected  with  the  sewerage  system  of  the  city  shall  be  con- 
nected  in   such   a   manner   and  accordance   with    such  general 


REVISED  ORDINANCES.  381 

plans,  as  may  be  adopted  by  the  sewer  commissioner  and  city 
council,  and  any  other  manner  of  connecting  privies  or  water- 
closets  with  the  sewerage  system  of  the  city  shall  be  unlawful, 
and  any  person  who  shall  violate  any  of  the  rules  and  regula- 
tions so  adopted  by  the  sewer  commissioner  and  city  council 
shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction 
shall  be  fined  not  less  than  one  dollar  nor  more  than  one  hun- 
dred dollars. 

Sec.  586.  No  privy,  privy-vault  or  water-closet  now  ex- 
isting or  that  may  be  hereafter  constructed  shall  be  so  constructed 
or  maintained  as  to  permit  or  cause  a  leak  or  seap  therefrom 
into  or  upon  the  premises  upon  which  the  same  is  located,  or 
the  premises  of  the  adjacent  property  owners,  through  the 
ground,  building-walls,  cellar-walls  or  in  any  manner  whatever 
whereby  there  shall  be  created  any  foul  odor  or  gas. 

Sec.  587.  Any  person  violating  or  failing  to  comply  with 
any  of  the  provisions  of  this  chapter  and  to  which  no  special 
penalty  is  attached,  shall  be  deemed  guilt}^  of  a  misdemeanor 
and  on  conviction  shall  be  fined  not  less  than  one  dollar  nor 
more  than  one  hundred  dollars. 

Sec.  588.  It  is  hereby  n^ade  the  duty  of  the  city  marshal 
and  all  sanitary  and  police  officers  to  report  to  the  board  of 
health  any  and  all  violaLions  or  failures  to  comply  with  the  pro- 
visions of  this  chapter,  by  any  person  or  persons  and  thereupon 
the  board  of  health  shall  go  upon  and  view  the  premises  and 
issue  such  orders  to  the  city  marshal  as  the  exigencies  of  the 
case  may  require ;  and  all  offenses  coming  under  the  provisions 
of  this  chapter  and  not  included  in  sections  584  and  586  shall 
be  promptly  reported  and  prosecuted  by  the  city  marshal  and  all 
sanitary  and  police  officers  of  the  city.  And  any  person  or 
persons  failing  or  refusing  to  comply  with  any  requirements 
contained  in  any  order  issued  by  the  board  of  health  as  provided 
in  this  chapter  shall  be  deemed  guity  of  a  misdemeanor  and  on 
conviction  shall  be  fined  not  less  than  one  dollar  nor  more  than 
one  hundred  dollars.  All  orders  of  the  board  of  health  shall  be 
served  as  provided  by  section  584  of  this  chapter. 


382 


REVISED  ORDINANCES. 


CHAPTER  26. 


PRISONERS. 


Section 

589.  To    be   worked   upon  streets, 
etc. 

590.  Ball  and  chain,  used  when,  if 
refractory,  what. 

591.  Days  work,  allowance  for,  ap- 
plied to  fine. 


Section. 

592.  Food  of,  when  at  work,  to  con- 
sist of  what. 

593.  Officer  in  charge,  to  keep  what 
records,  etc. 


Section  589.  Whevever  any  person  is  committed  to  the 
city  jail  for  the  non-payment  of  any  fine,  the  police  judge  shall 
issue  an  order  to  the  city  marshal  directing  him  to  work  the 
person  named  in  such  order  upon  the  streets  or  public  works  of 
the  city;  and  the  said  marshal  shall  have  the  control  and  cus- 
tody of  such  person  during  the  hours  of  each  day  mentioned  in 
said  order,  until  such  fine  and  costs  be  fully  satisfied  and  paid  ; 
but  said  marshal  shall  return  said  person  to  the  city  jail  for  safe 
keeping  every  night;  and  it  shall  be  the  duty  of  the  marshal  to 
see  that  such  prisoner  is  kept  at  work  during  the  hours  of  the 
day  that  he  is  committed  to  his  charge ;  Provided,  that  the 
marshal  may  place  any  such  prisoner  in  ^he  charge  of  the  street 
commissioner  to  be  worked. 

Sec.  590-  Whenever  any  prisoner  or  prisoners  shall  be 
required  to  work  upon  the  streets  or  other  public  works  of  the 
city  by  the  city  marshal,  said  marshal  or  the  street  commis- 
sioner if  he  deem  it  necessary  for  the  confinement  and  safe 
keeping  of  such  prisoner,  or  prisoners,  shall  have  power  to 
secure  such  prisoner  with  a  ball  and  chain,  or  by  coupling  any 
two  or  more  of  them  to  a  chain  in  such  a  manner  as  to  secure 
them  from  escaping  while  at  work.  If  any  prisoner  prove  re- 
fractory, and  refuse  to  work  upon  the  street,  or  elsewhere  when 


REVISED  ORDINANCES.  38^ 

ordered  by  the  officer  in  command,  such  officer  may,  if  he  con- 
siders it  proper,  place  such  prisoner  on  a  diet  of  bread  and 
water  alone. 

Sec.  591.  Each  prisoner  shall,  for  each  day  he  works, 
be  allowed  the  sum  of  one  dollar,  to  be  applied  to  the  liquida- 
tion of  his  fine  and  costs. 

Sec.  592.  Any  prisoner  who  shall  be  ordered  by  the  city 
marshal  or  street  commissioner  to  perform  any  work  or  labor  in 
payment  of  any  fine  charged  against  him,  shall,  when  he  per- 
forms a  reasonable  day's  work,  receive  three  substantial  meals 
per  day,  said  meals  not  to  cost  more  than  thirty  cents;  but  if 
said  person  fail  or  refuse  to  do  a  reasonable  day's  work,  he  shall 
receive  only  two  meals  per  day,  said  meals  not  to  cost  more 
than  twenty  cents. 

Sec.  593.  The  city  officer  having  such  prisoners  in  charge 
shall  keep  a  record  of  the  number  of  days  that  they  remain  in 
his  charge  as  city  jailer,  and  he  shall  also  keep  a  record  of  the 
number  of  days  which  they  may  work,  whether  it  be  a  reason- 
able day's  work  or  otherwise,  and  he  shall  feed  them  accord- 
ingly, and  return  a  copy  of  said  record  with  his  bill  for  feeding 
to  the  city  council  for  allowance  and  payment,  which  record 
shall  be  certified  to  by  the  city  clerk. 


384 


REVISED  ORDINANCES. 


CHAPTER  27. 

PUBLIC     IMPROVEMENTS. 

ARTICLE  L— Streets. 
ARTICLE  II.— Sidewalks. 

ARTICLE  I. 

STREETS. 


Section. 

594.  Name  of,  how  changed. 

595.  Macadamize,  gutter,  etc., when 
and  how  done. 

596.  Bringing  street  to  grade,  cost 
of  included  in  assessment, 
when,  etc. 

597.  Macadamizing,  guttering,  etc., 
what  to  control. 

598.  Work  done,   approval  of,  etc. 

599.  Materia],  inspection  of. 

600.  Rejected  or  inferior  material 
used,  removal  of,  etc. 

601.  Notice  of,  what  is,  debris,  etc., 
removal  of. 

602.  Red  lights,  barricades,  etc., 
tearing  down  misdemeanor. 

603.  Street,  what  use  of  when  in 
construction  a   misdemeanor. 

604.  Damage  to  water,  etc.,  who  to 
sustain. 

605.  For  failure  to  commence  or 
complete  work,  what  damages 
etc. 

606.  Failure  or  refusal  to  do  work, 
city  may  complete,  costs  of. 


Section. 

607.  City  engineer,  decision  of, 
final,  etc. 

608.  To  make  estimate  of  costs, 
before  letting  contract. 

609.  Contracts  for  work  on,  how 
let,  etc. 

610.  Bids  for  work,  how  accepted, 
contract  and  bond  for,  when 
filed. 

611.  Certified  check  or  bond,  con- 
tractor to  file  with  bid,  etc. 

612.  Contract  and  bond  for  work, 
time  of  filing  and  nature  of. 

613.  Supervision  of  work,  etc.,  who 
has,  report  and  approval  of. 

614.  Special  tax  bills  for,  how  ap- 
portioned, issued,  etc. 
Prima  facie  evidence  of  regu- 
larity, lien  on  property,  etc 
Interest    on    tax     bills,    what 
rate,  etc. 

Tax  bills,  assignable,  etc. 
To  be  made  in  three    annual 
payments,  when,  lien  of,  rate 
of  interest,  etc. 


615. 
616. 

617. 
618. 


Section  594.  Whenever  it  is  deemed  necessary  by  the 
council  to  change  the  name  of  any  street  or  avenue,  the  council 
shall,  by  resolution,  declare  such  proposed  change  of  name 
necessary  to  be  made,  and  shall  cause  such  resolution  to  be 
published  at  least  one  week  in  some  newspaper  published  in  the 


REVISED    ORDINANCES.  385 

city;  and  if,  within  four  weeks  after  such  publication,  a  majority 
of  the  resident  property  owners  along  the  line  of  such  street  or 
avenue  do  not  file  with  the  city  clerk  their  written  protest 
against  such  proposed  change  of  name,  then  the  council  shall 
have  power  by  ordinance  to  change  the  name  of  such  street  or 
avenue  in  accordance  vnth  the  terms  of  such  resolution ;  and 
upon  the  passage  and  approval  of  such  ordinance,  the  city  clerk 
shall  file  with  the  recorder  of  deeds  ot  Pettis  county  a  cer- 
tified copy  of  such  ordinance,  and  such  recorder  shall  enter  the 
same  upon  the  records  of  such  county. 

Sec.  595.  When  the  council  shall  deem  it  necessary  to 
pave,  macadamize,  gutter,  curb  (where  such  curbing  is  set  out 
into  the  street  beyond  the  sidewalk,)  or  otherwise  improve  any 
street,  avenue,  alley  or  other  highway,  or  any  part  thereof,  within 
the  limits  of  the  city,  for  which  a  special  tax  is  to  be  levied,  as 
provided  by  the  charter  and  ordinances  of  the  city,  the  council 
shall,  by  resolution,  declare  such  work  or  improvements  neces- 
sary to  be  done,  and  cause  such  resolution  to  be  published  in 
some  newspaper  published  in  the  city,  for  two  consecutive 
weeks ;  and  if  a  majority  of  the  resident  owners  of  the  propert}' 
liable  to  taxation  therefor  shall  not,  within  ten  days  thereafter, 
file  with  the  clerk  of  the  city  their  protest  against  such  improve- 
ments, the  council  shall  have  power  to  cause  such  improve- 
ments to  be  made,  and  to  contract  therefor,  and  to  levy  the  tax 
as  provided  by  the  charter  and  ordinances  of  the  city. 

Sec.  596.  The  city  council  may,  by  ordinance,  include  in 
the  special  assessments  the  cost  of  bringing  to  the  established 
grade  any  street,  avenue,  alley  or  other  highway  or  squa  e  or 
area  formed  by  the  intersection  or  meeting  of  streets  or  other 
highways,  or  parts  thereof,  proposed  to  be  improved,  when  in 
its  judgment  or  opinion  the  general  revenue  fund  of  the  cit)'  is 
not  in  a  condition  to  warrant  an  expenditure  therefrom  for 
bringing  the  same  to  the  established  grade:  Provided,  that  the 
resolution  declaring  such  work  necessaiy  to  be  done,  and  pub- 
lished in  some  newspaper  published  in  the  city,  shall,  in  ad- 
dition to  the  other  work  or  improvement  therein   provided    for, 


386  REVISED  ORDINANCES. 

include  and  describe  the  work  of  bringing  such  street,  avenue, 
alley  or  other  highway  or  square,  or  part  thereof,  to  the  estab- 
lished grade.  In  all  such  cases  where  such  work  is  authorized  by 
virtue  of  such  a  resolution,  and  is  contracted  for  in  pursuance 
thereof,  the  bringing  to  grade  as  above  described  shall  be  in- 
cluded in  the  same  contract  with  the  other  work  provided  for 
therein,  and  tax-bills  shall  be  issued  in  payment  for  all  said 
work  as  may  be  provided  for  by  ordinance. 

Sec.  597.  The  work  of  paving,  macadamizing,  gutter- 
ing and  curbipg  (where  such  curbing  is  set  out  into  the  street 
beyond  the  sidewalk,)  and  grading,  when  such  grading  is  in- 
cluded in  the  contract  with  other  improvements  as  provided  in 
the  preceding  section,  or  otherwise  improving  any  street,  ave- 
nue, alley  or  other  highway  or  any  part  thereof,  after  the  city 
has  obtained  jurisdiction  thereof,  by  the  publication  of  the 
resolution  as  required  by  the  two  preceding  sections,  and  the 
same  not  successfully  remonstrated  against,  shall  be  controlled 
and  governed  by  this  article,  except  so  far  as  may  hereafter  be 
otherwise  specially  provided  for  by  ordinance. 

Sec.  598.  Any  work  done  in  pursurance  of  the  provis- 
ions of  this  article  shall  be  construed  to  include  all  the  labor 
and  material  necessary  to  the  complete  and  entire  finishing  of 
the  improvements  under  contract,  and  shall  be  done  in  a 
thorough  and  workmanlike  manner  and  to  the  entire  satisfaction 
of  the  city  engineer  and  city  council  and  when  done  shall  be 
complete  in  every  respect. 

Sec.  599.  All  material  shall  be  carefully  inspected  by  a 
competent  person,  after  it  is  brought  on  the  line  of  work,  and 
all  material  which  in  quality  and  dimensions  does  not  conform 
to  the  specifications  under  which  the  work  is  being  constructed, 
shall  be  rejected  and  such  rejected  material  shall  be  immediately 
removed  from  the  line  of  work. 

Sec.  600.  If  at  any  time  any  rejected  or  inferior  mate- 
rial should  be  found  in  any  part  of  the  improvement  being  made 
under  contract  duly  entered  into  or  any  portion  of  the  work  be 
found  improperly  done,  such    material   and    work    shall  be   re- 


REVISED  ORDINANCES.  387 

moved  and  replaced  with    proper    material    and  work  at  the  ex- 
pense of  the  contractor. 

Sec.  601.  Notice  of  any  inferiority  of  material  proposed 
to  be  used  or  that  may  be  used,  or  any  imperfection  of  work 
done,  to  any  foreman,  agent  or  other  person  in  charge  of  the 
work  or  any  part  of  it,  in  the  absence  of  the  contractor,  shall 
be  considered  a  notice  to  the  contractor.  The  contractor  shall 
remove  all  material  and  debris  from  the  street  as  soon  and  as 
fast  as  completed. 

Sec.  602.  The  contractor  shall  maintain  red  lights  at  all 
holes  or  other  dangerous  or  unsafe  places  on  the  line  of  the 
work  from  sunset  to  sunrise  each  night,  and  shall  keep  all 
dangerous  or  unsafe  places  on  or  along  the  line  of  work 
thoroughly  barricaded  and  protected.  Any  person  who  shall 
carry  away,  take  down,  extinguish  any  light  or  signal,  or  at- 
tempt to  carry  away,  take  down,  destroy,  injure  or  extinguish 
any  such  light  or  signal  put  up  by  any  contractor  as  required 
by  this  article,  or  any  person  who  shall  take  down,  break 
through,  drive  over  or  remove  any  barricade  put  up  by  any 
contractor  under  the  requirements  of  this  article,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  punished 
by  a  fine  of  not  less  than  one  dollar  nor  more  than  one  hun- 
dred dollars. 

Sec.  603.  Any  person  who  shall  use  or  attempt  to  use 
any  street  or  other  highway  in  any  manner  whatsoever,  which  is 
in  process  of  construction,  whereby  the  same  may  be  injured  or 
the  work  affected  or  delayed,  without  the  consent  of  the  con- 
tractor or  his  foreman  or  agent,  shall  be  deemed  guilty  of  a  mis 
demeanor,  and  upon  conviction,  shall  be  punished  by  a  fine  of 
not  less  than  one  dollar  and  not  more  than  one  hundred  dollars: 
Provided,  that  nothing  herein  shall  apply  to  the  city  fire 
department  while  in  the  regular  discharge  of  their  duties  going 
to  and  returning  from  fires,  and  at  fires. 

Sec.  604.  The  contractor  and  his  securities  will  be  held 
responsible  for  all  damage  done  to  water,  gas.  drain  or  sewer 
pipes;  and   all   loss,  injury    or  damage  arising  out  of  the  nature 


388  REVISED    ORDINANCES. 

of  the  work  to  be  done,  or  from  any  unforeseen  or  unusual  ob- 
struction or  diflficulties  which  may  be  encountered  in  the  prose- 
cution of  the  same  shall  be  sustained  by  the  contractor. 

Sec.  605.  It  is  expressly  provided  that  if  any  contractor 
having  a  contract  with  the  city  to  do  work  under  the  provisions 
and  by  authority  of  this  article,  who  shall  fail  to  commence  the 
work  at  the  time  provided  by  ordinance  or  contract,  he  shall 
forfeit  all  rights  under  his  contract,  and  shall  be  liable  to  such 
damages  as  may  be  shown  the  city  or  the  persons  affected,  has 
sustained,  and,  any  contractor  who  shall  fail  to  complete  any 
work  within  the  time  specified  in  his  contract,  or  prescribed  by 
the  ordinance  providing  for  the  work,  shall  pay  such  penalty 
per  day  as  shall  be  stated  in  the  contract  or  ordinance  providing 
for  the  work,  and  any  such  amount  so  stated  shall  be  paid  as 
liquidated  damages,  and  shall  be  deducted  from  the  final  esti- 
mate of  the  work,  and  the  total  cost  of  the  work  shall  be  re- 
duced or  diminished  by  the  total  amount  of  the  forfeiture  or 
damages,  which  shall  be  ascertained  and  fixed  by  the  council, 
in  such  manner  as  they  may  deem  proper  or  as  shall  be  pre- 
scribed by  ordinance  or  contract;  and  when  done  by  the  coun- 
cil independent  of  any  contract  or  ordinance  provisions  previous- 
ly stated  or  enacted,  it  shall  be  by  resolution. 

Sec.  606.  Upon  the  failure  or  refusal  of  any  contractor 
to  do  any  work  for  which  he  may  have  a  contract  with  the  city, 
or  shall  fail  or  refuse  to  comply  with  the  requirements  of  his  con- 
tract, the  city  shall  have  the  right,  by  resolution  or  ordinance, 
to  provide  for  the  employment  of  sufficient  help  and  provide  the 
necessary  material  to  complete  such  contract  or  any  part 
thereof,  or  may  award  the  contract  for  the  completion 
of  such  work  in  the  same  manner  and  under  the  same  requiie- 
ments  as  is  provided  for  the  awarding  of  contracts  in  the  first  in- 
stance. In  such  cases  the  original  contractor  shall  not  be  en- 
titled to  receive  any  of  the  tax  bills  in  payment  for  work  done 
by  him,  until  all  cost  of  completing  the  work  by  the  city  or  other 
person  is  first  satisfied:  Provided,  that  the  contractor  shall,  in 
no  event,  be  liable  for  an  amount  which   exceds   the  engineer's 


REVISED  ORDINANCES.  389 

estimate,  made  before  the  original  contract  was  awarded,  except 
in  such  cases  as  an  excess  may  be  caused  by  the  acts  or  omis- 
sions of  the  contractor  himself.  All  excess  of  cost  of  complet- 
ing any  such  work,  including  the  material  therfor  over  the  origi- 
nal contract  price,  and  within  the  city  engineer's  original  esti- 
mate, as  well  as  all  costs  and  expenses  of  every  kind  incurred 
on  account  of  the  failure  or  refusal  of  the  contractor  to  complete 
the  work,  shall  be  sustained  by  the  contractor  and  his  sureties 
on  his  bond. 

Sec.  607.  Upon  all  questions  concerning  the  character  of 
material  used,  the  execution  of  the  work  done  and  the  meas- 
urement thereof,  the  decision  of  the  city  engineer  shall  be  final. 
The  city  engineer  shall  have  power  to  discharge  careless  or  in- 
competent workmen. 

Sec.  608.  Before  the  council  shall  make  any  contract  for 
any  public  improvements  done  or  to  be  made  under  the  pro- 
visions of  this  article,  an  estimate  of  the  cost  thereof  shall  be 
made  by  the  city  engineer,  and  submitted  to  the  council;  and 
no  contract  shall  be  entered  into  for  any  such  work  or  improve- 
ments for  a  price  exceeding  the  engineer's  estimates. 

Sec.  609.  After  providing  for  the  making  of  any  public 
improvements  by  authority  of  and  in  conformity  to  the  pro- 
visions of  this  article,  and  any  special  ordinance  enacted  here- 
after, and  the  adopting  of  specifications  by  the  council  for  such 
work,  by  ordinance,  and  the  making  and  submitting  of  the  en- 
gineer's estimate  to  the  council,  upon  being  ordered  by  the 
council,  the  committee  on  streets  and  alleys  shall  advertise  for 
sealed  bids  for  such  improvements.  All  advertisements  by  the 
committee  on  streets  and  alleys  for  bids  for  any  public  work  or 
improvement  provided  for  by  ordinance,  and  wherein  the  pro- 
visions of  this  article  are  made  to  control  in  whole  or  in  part, 
shall  be  by  publication  in  the  newspaper  doing  the  city  printing 
for  ten  days.  The  council  shall  have  the  right  to  reject  any 
and  all  bids.  In  the  event  that  no  bid  is  submitted,  or  all  bids 
are  rejected,  the  council  shall  have  the  right  to  direct  the  com- 
mittee on  streets  and  alleys  to  again  advertise  for  bids  as  in  the 


390  REVISED    ORDINANCES. 

first  instance  until  acceptable  bids  are  received.  If  the  coun- 
cil be  satisfied  after  the  first  or  any  subsequent  advertisement 
that  no  acceptable  bids  can  be  obtained,  they  may  by  resolution 
or  ordinance  declare  all  proceedings  abandoned  with  reference 
to  such  work  or  improvement,  or  may  change  the  specifications 
by  amending  the  original  ordinance  providing  for  the  improve- 
ment, and  again  advertise  as  in  the  first  instance. 

Sec.  6io.  If  the  council  shall  desire  to  accept  any  bid 
received  for  any  such  work  or  improvement,  they  shall  accept 
the  same  by  a  majority  vote  of  the  members  elected  to  the 
council,  the  yeas  and  nays  to  be  entered  on  the  record  of  the 
proceedings.  Such  an  acceptance  of  a  bid  shall  be  considered 
an  award  of  the  contract  for  the  work  or  improvement  bid  for, 
and  the  successful  bidder  shall  enter  into  proper  contract  and 
required  bond,  within  ten  days  after  the  award  is  made. 

Sec.  6ii.  Each  bidder  for  any  public  work  or  improve- 
ment to  which  the  provisions  of  this  article  apply,  and  the  cost 
of  which  shall  exceed  fifty  dollars,  shall  submit  with  his  bid  a 
certified  check  on  some  Sedalia,  Missouri,  bank,  payable  to  the 
order  of  the  city  treasurer  in  a  sum  equal  to  one  per  cent  of 
the  amount  of  his  or  their  bid,  or  a  bond  with  one  or  more 
good  and  suf^cient  sureties  to  be  approved  by  the  mayor,  in 
the  sum  of  five  per  cent  of  the  amount  of  such  bid,  condi- 
tioned that  if  his  bid  is  accepted  he  will  within  ten  days  enter  in 
contract  and  bond  therefor  as  required  by  this  article  or  any 
special  ordinance.  The  checks  or  bonds  of  unsuccessful  bid- 
ders shall  be  returned  to  them ;  those  of  contractors  whose  bids 
are  accepted  shall  be  held  until  they  shall  have  entered  into 
proper  contract  and  bond  as  required  by  ordinance,  and  in  ac- 
cordance with  their  bids,  at  which  time  such  checks  or  bonds 
shall  be  returned  to  them.  In  case  any  person  whose  bid  is  ac- 
cepted shall  fail,  refuse  or  neglect  to  enter  into  written  con- 
tract and  proper  bond  as  required  by  this  article,  within  ten 
days  after  the  acceptance  of  his  bid  the  certified  check  depos- 
ited by  him  shall  be  forfeited  to  the  city.  And  where  a  bond 
is  entered  into  instead   of   such    check    being    given,  the  mayor 


REVISED  ORDINANXES.  39  I 

shall  order  such  action  as  shall  forfeit  such  bond,  and  in  either 
case  the  amount  shall  be  forfeited  to  the  city  as  liquidated  dam- 
ages on  account  of  the  failure  of  any  such  person  or  persons 
entering  into  contract  and  bond  as  aforesaid.  All  money  real- 
ized from  such  checks  01  bonds  shall  be  paid  into  the  city  treas- 
ury and  placed  to  the  credit  of  the  general  expense  account. 

Sec.  612.  Every  person  to  whom  a  contract  for  any 
public  work  or  improvement,  mentioned  in  this  article,  is 
awarded,  shall  within  ten  days  thereafter  enter  into  written  con- 
tract with  the  city  to  do  and  complete  the  same  according  to 
the  plans,  specifications  and  ordinances,  within  the  time  pre- 
scribed by  ordinance,  or  agreed  upon  between  the  city  and  the 
contractor,  and  without  negligence,  causing  or  tending  to  cause 
damage  to  private  property,  for  which  the  city  might  be  held 
liable ;  and  providing  that  in  all  cases  where  the  work  done  is  to 
be  paid  for  by  special  tax-bills,  the  contractor  shall  accept  pay- 
ment for  said  work  in  such  special  tax-bills  duly  levied  and  as- 
sessed against  the  property  liable  therefor,  and  that  the  city 
shall  not,  in  any  event,  be  held  liable  for  any  sum  whatever  for 
the  doing  of  such  work  or  improvements  nor  the  cost  nor  any 
part  of  the  cost  thereof.  At  the  same  time  every  such  contrac- 
tor shall  enter  into  bond  in  a  sufficient  amount  with  two  or 
more  good  and  sufficient  securities,  to  be  approved  by  the 
mayor,  conditioned  that  the  contractor  will  faithfully  and  in 
every  particular  comply  with  all  of  the  terms  of  his  contract 
and  with  the  terms,  conditions  and  requirements  of  the  charter 
and  ordinanaces  of  the  city  with  reference  thereto  or  in  any 
manner  affecting  or  controling  the  terms  of  said  contract  and 
bond,  and  with  the  plans  and  specifications  for  said  work  or  im- 
provements. All  such  contracts  and  bonds  shall  be  filed  in  the 
office  of  the  city  clerk  where  they  shall  be  safely  kept  and  pre- 
served, and  shall  be  open  to  inspection  by  any  person  interested 
therein  and  to  none  others  except  by  the  permission  of  the  city 
clerk,  except  the  purpose  of  such  inspection  desired  by  any  one 
else  shall  appear  to  be  reasonable. 


392  REVISED  ORDINANCES. 

Sec.  613.  All  work  done  under  any  contract  entered  into 
under  the  provisions  of  this  article  shall  be  done  and  carried  on 
under  the  supervision  and  direction  of  the  city  engineer  and  the 
committee  on  streets  and  alleys,  who  shall  personally  inspect 
the  work  as  it  progresses  and  see  that  the  same  is  done  in  ac- 
cordance with  the  plans,  specifications,  contract,  ordinances  and 
charter  governing  the  same :  Provided,  however  that  the  coun- 
cil shall  have  the  right  to  appoint  a  suitable  and  competent 
person  as  inspector  of  any  such  work ;  the  appointment  of  such 
inspector  shall  not  however  relieve  the  city  engineer  from  a  per- 
sonal inspection  of  the  work,  and  material  used  therein,  as  often 
as  it  may  be  deemed  necessary  to  insure  the  contract  for  the 
same  to  be  complied  with  in  every  particular.  On  the  comple- 
tion of  any  such  work,  if  in  che  opinion  of  the  engineer  and  the 
committee  on  streets  and  alleys,  said  work  has  been  done  and 
completed  in  accordance  with  the  contract,  plans,  specifications 
and  ordinances,  they  shall  so  report  to  the  council.  If  the  council 
shall  approve  said  report  such  approval  shall  be  deemed  an  ac- 
ceptance of  the  work  by  the  city,  and  the  council  shall  thereup- 
on provide  for  payment  thereof,  or  issue  special  tax-bills 
against  the  property  liable  therefor  in  accordance  with  law  and 
the  ordinances  of  the  city. 

Sec.  614.  After  a  bid  is  accepted  and  the  contract 
awarded  for  any  improvement,  payable  in  special  tax-bills,  it 
shall  be  the  duty  of  the  city  engineer  to  calculate  the  cost 
thereof,  which  calculation  shall  be  made,  and  the  cost  of  the 
improvement  apportioned  in  the  manner  provided  by  the  char- 
ter, or  any  ordinance  of  the  city  which  is  not  inconsistent  with 
the  charter,  and  shall  return  such  calculation  in  writing  to  the 
city  clerk,  and  it  shall  be  the  duty  of  the  city  clerk,  on  receipt 
of  such  calculation,  and  upon  approval  by  the  city  council  of 
the  work  done,  and  the  special  tax  being  duly  assessed,  to  ap- 
portion the  cost  thereof  as  provided  by  law,  and  in  conformity 
to  the  calculation  of  the  city  engineer,  and  when  the  city  clerk 
shall  have  thus  apportioned  the  cost  of  such  improvement 
among  the  property   owners,  he   shall   issue   and    deliver  to  the 


REVISED    ORDINANCES.  393 

contractor  special  tax-bills,  duly  signed  by  the  mayor  and  at- 
tested by  the  city  clerk,  for  the  cost  of  the  construction  of  the 
work  under  contract  including  the  material  used  therein.  Said 
special  tax-bills  shall  refer  to  the  ordinances  of  the  City  of  Sedalia 
which  may  control  or  effect  them  or  their  issue  or  the  assess- 
ment, in  appropriate  terms,  recite  the  kind  of  work  done  and 
the  material  by  its  general  term  furnished  therein,  describe  the 
lot  of  ground  or  real  estate  on  which  the  tax  lien  rests,  the  name 
of  the  owner  thereof,  and  the  amount  for  which  each  tract  of 
ground  separately  assessed  is  liable,  and  the  name  of  the  con- 
tractor, and  the  contractor  shall  receive  and  receipt  for  such  tax- 
bills,  when  delivered  to  him.  in  full  for  all  claims  under  his 
contract  against  the  city  of  Sedalia  for  any  and  all  work  done 
and  material  furnished. 

Sec.  615.  Said  speci  il  tax-bills  shall,  in  any  action 
thereon,  be  prima  facie  evidence  of  the  regularity  of  the  pro- 
ceedings for  such  special  assessment,  of  the  validity  of  the  bill, 
of  the  doing  of  the  work,  and  of  the  furnishing  of  the  material 
charged  for,  and  of  the  liability  of  the  property  to  the  charge 
stated  in  the  bill,  and  shall  be  and  become  a  prior  lien  upon  the 
property  charged  therewith,  and  may  be  collected  of  the  owner 
of  the  land  in  the  name  af  the  city  to  the  use  of  the  contractor, 
as  any  other  claim,  and  the  city  of  Sedalia  shall  not  be  liable  in 
any  manner  whatever  for  or  on  account  of  any  work  done  or 
material  furnished,  or  the  cost  thereof. 

Sec.  616.  All  tax-bills  not  made  payable  in  three  annual 
installments,  as  hereinafter  provided  for,  whenever  no  other  rate 
of  interest  is  provided  for  by  the  ordinance  providing  for  the 
doing  of  the  work,  shall  bear  interest  after  thirty  days  from  the 
date  of  issue  at  the  rate  of  eight  per  cent  per  annum,  and  every 
such  special  tax-bill  shall  be  a  lien  against  the  lot  or  piece  of 
ground  described  therein  until  the  same  is  paid. 

Sec.  617.  All  such  special  tax-bills  issued  for  special 
assessments  for  paving,  macadamizing,  curbing,  guttering,  ex- 
cavating, grading,  construction  of  any  street,  avenue,  alley  or 
other  highway,  and   for  district  fewers,  and  for  any  other   pur- 


394  REVISED  ORDINANCES. 

pose  whatever,  authorized  by  the  charter  of  the  city,  shall  be 
assignable  and  collectable  in  any  action  brought  in  the  name  of 
the  city,  to  the  use  of  the  holder  thereof;  but  the  city  shall  not 
in  any  event  be  liable  for  any  cost  that  may  accrue  in  any  such 
action. 

Sec.  6i8.  The  total  cost  of  paving,  macadamizing,  curb- 
ing, guttering  and  the  necessary  excavation  and  grading  for  the 
same,  as  is  now  provided  by  law,  of  any  street,  avenue,  square 
or  alley,  or  other  highway,  or  any  part  thereof,  may  be  paid  in 
three  annual  payments — one-third  in  one  year,  one-third  in  two 
years  and  one-third  in  three  years,  from  the  date  of  issue  of  the 
special  tax  bills,  each  payment  to  bear  not  to  exceed  eight  per 
cent,  interest  per  annum  from  the  date  of  issue  to  date  of  pay- 
ment. And  when  no  other  rate  of  interest  is  provided  by  ordi- 
nance hereafter,  all  such  tax  bills  shall  bear  eight  per  cent,  in- 
terest per  annum:  Provided,  that  the  owner  of  any  lot  or  par- 
cel of  ground  fronting  on  such  street,  avenue,  alley,  or  other 
highway  or  square,  or  part  thereof,  improved,  shall,  within 
thirty  oays  after  the  letting  of  the  contract  for  such  work,  notify 
the  city  clerk  in  writing  that  he  desires  to  pay  for  the  same  in 
three  annual  payments.  In  such  cases  the  city  clerk  shall  make 
out  three  special  tax  bills,  which  shall  be  signed  by  the  mayor 
and  attested  by  the  city  clerk,  each  for  one  third  part  of  the 
cost  of  such  work,  bearing  interest  as  aforesaid,  and  deliver  the 
same  to  the  contractor  for  the  work.  Each  and  every  such  tax 
bill  shall  be  a  lien  on  the  lot  or  parcel  of  ground  therein  de- 
scribed, and  such  lien  shall  continue  for  one  year  from  the  ma- 
turity of  the  tax  bill  last  becoming  due  until  paid  or  until  the 
final  determination  of  any  legal  proceedings  to  collect  the  same ; 
but  no  such  suit  shall  be  brought  on  any  such  tax  bill  until  after 
the  maturity  of  all  such  tax  bills. 


REVISED  ORDINANCES. 


395 


ARTICLE   II. 


SIDEWALKS 


Section 

619.  Construction,  condemnation, 
etc.,  control  of. 

620.  Work,  to  include  what,  man- 
ner of. 

621.  Material,  inspection  and  re- 
jection of,  etc.,  city  may  com- 
plete work  when,  costs  of 

622.  City  engineer,  decision  of, 
final. 

623.  Brick  sidewalks,  specifications 
for. 

624.  Concrete  and  granitoid,  speci- 
fications. 

625.  Stone,  specifications. 

626.  Wooden,  specifications. 

627.  Material,  owner  may  elect 
kind  of,  a-ud  construct  walk 
when,  city  when  and  how. 

628.  Width  and  material  of,  fixed 
by  ordinance,  to  construct 
differently  misdemeanor. 

629.  Bring  street  to  grade,  cost  of 
contracts,  how  let. 

630.  Condemnation  and  removal 
of,  to  repair  condemned  walk, 
misdemeanor. 


Section 

63 1 .  Estimates  of  costs.how  and  when 

made,  to  include  what,  etc. 

632.  City  to  construct,  when  and 
how,  costs  of  how  collected, 
special  tax  bills,  etc.,  con- 
cerning. 

633.  Tax  bills  how  collected,  and 
may  be  assigned. 

634.  Work  under  contract,  paid  for 
with  special  tax  bills. 

635.  Costs,  assessment  of  how  ap- 
portioned. 

636.  Engineer  to  compute  costs, 
clerk  to  issue  tax  bills,  etc. 

637.  Tax  bills,  prima  facie  evidence 
of  what,  lien  of  interest  on, 
etc. 

638.  Street  commissioner,  maj-  re- 
pair with  or  without  notice, 
account  of  to  be  kept,  what 
deemed  notice. 

639.  Special  tax  bills,  how  levied, 
interest,  assignable,  etc. 

640.  Clerk  to  make  abstract  record 
of  tax  bills  and  deliver  to  col- 
lector. 


Section  619.  The  construction,  condemnation,  recon- 
struction and  repairing  of  sidewalks  within  the  City  of  Sedalia, 
Missouri,  and  ail  matters  pertaining  thereto,  shall  be  controlled 
and  governed  by  this  article,  except  so  far  as  may  hereafter  be 
otherwise  specially  provided  by  ordinance. 

Sec  620.  The  work  of  construction,  reconstruction,  re- 
moving and  repairing  any  sidewalk  constructed  under  the  pro- 
visions of  this  article,  shall  include  all  of  the  labor  and  material 
necessary  to  fully  complete  the  same,  and  that  the  entire  im- 
provement made  under  any  contract  duly  entered  into  shall  bo 
done  in  a  thorough  and  workmanlike  manner  and  to  the  entire 
satisfaction  of  the  city  engineer  or  street  commissioner,  and  when 
done  shall  be  complete  in  every  respect. 


396  REVISED  ORDINANCES. 

Sec.  621.  All  material  will  be  carefully  inspected  after  it 
is  brought  on  the  line  of  work,  and  all  material  which  in  quality 
and  dimensions  does  not  conform  to  the  specif.cations  of  this  ar- 
ticle or  any  ordinance  which  may  provide  specifications  not  con- 
tained in  this  article,  shall  be  rejected  and  such  rejected  mater- 
ial shall  be  immediately  removed  from  the  line  of  work.  If  at 
any  time  during  the  progress  of  the  work  any  rejected  or  infer- 
ior material  should  be  found  in  a  sidewalk  being  built  under  con- 
tract, or  any  portion  of  the  work  found  improperly  done,  such 
material  and  vyork  shall  be  removed  and  replaced  by  proper  ma- 
terial and  work  at  the  expense  of  the  contractor.  Notice  of  an 
imperfection  of  work  or  inferiority  of  material  to  any  foreman  or 
agent  in  charge  of  any  portion  of  the  work,  in  the  absence  of  the 
contractor,  shall  be  considered  a  notice  to  the  contractor.  The 
contractor  will  be  required  to  move  at  his  own  expense,  all  ob- 
structions, such  as  trees,  stones,  etc.  The  contractor  shall  remove 
all  material  and  debris  from  the  street  as  soon  and  as  fast  as 
completed.  The  contractor  shall  maintain  red  lights  at  night  time 
at  all  holes  or  other  dangerous  places  on  the  street,  and  shall 
keep  all  dangerous  places  adjacent  to  the  work  and  on  the  street 
at  all  times  barricaded  and  protected.  The  contractor  will  be 
held  responsible  for  all  dama^^e  done  to  water,  gas,  drain  or 
sewer  pipes;  and  all  loss  or  damage  arising  out  of  the  nature  of 
the  work  to  be  done,  or  from  any  unforeseen  or  unusual  obstruc- 
tion or  difificulties  which  may  be  encountered  in  the  prosecution 
of  the  same,  shall  be  sustained  by  the  contractor.  It  is  express- 
ly provided  that  if  any  contractor  having  a  contract  to  do  work 
under  the  provisions  and  by  authority  of  this  article,  shall  fail  or 
refuse  to  comply  with  any  of  the  requirements  of  his  contract, 
the  city  shall  have  the  right,  which  shall  be  ordered  by  resolu- 
tion, to  employ  suflficient  help  and  provide  the  necessary  mater- 
ial to  complete  such  contract,  or  may  award  the  contract  for  the 
completion  of  such  work  in  the  same  manner  as  the  original 
contract  is  provided  herein  to  be  awarded,  and  to  pay  for  the 
same  the  city  shall  be  authorized  to  retain  tax  bills  in  amount 
sufficient  to  reimburse  itself  therefor,  or  to  pay  any  person  who 


REVISED    ORDINANCES. 


397 


shall  take  a  contract  for  completing  such  work  as  in  this  article 
provided,  and  where  there  is  any  dispute  between  the  original 
contractor  and  the  city  as  to  the  amount  that  shall  be  retained, 
the  same  shall  be  settled  by  three  arbitrators  or  appraisers,  each 
of  whom  shall  be  competent  judges  of  such  work,  and  shall  be 
selected,  one  by  the  city  council  and  one  by  the  contractor  and 
a  third  by  these  two,  and  the  finding  of  such  arbitrators  shall  be 
binding  and  conclusive  upon  all  parties. 

Sec.  622.  Upon  all  questions  concerning  the  execution 
of  the  work  done,  in  accordance  with  the  specifications,  and  the 
measurement  thereof,  the  decision  of  the  city  engineer  shall  be 
final.  The  city  engineer  shall  have  power  to  discharge  careless 
and  incompetent  workmen. 

Sec.  623.  Specification  for  brick  sidewalk:  All  brick 
out  of  which  any  sidewalk  is  built  shall  be  hard  burned  brick, 
laid  on  their  face  with  their  longest  dimensions  diagonally  across 
the  walk  upon  a  layer  of  sand  not  less  than  one  inch  thick, 
which  rests  upon  a  form  of  well  compacted  cinders  not  less  than 
four  inches  in  thickness;  the  borders  of  the  sidewalk  to  be  com- 
posed of  a  layer  of  brick  set  upon  edge;  all  irregular  spaces  to 
be  filled  with  pieces  chipped  as  near  as  possible  to  fit  same,  the 
whole  to  be  covered  with  a  thin  layer  of  sand,  which  is  to  be 
thoroughly  worked  into  the  spaces  between  the  bricks. 

Sec.  624,  Specifications  for  concrete  and  granitoid  side- 
walk :  The  concrete  shall  be  not  less  than  four  inches  in  thick- 
ness, and  shall  rest  upon  a  form  of  well  compacted  cinders,  not 
less  than  four  inches  in  thickness.  The  concrete  to  be  mixed 
in  the  following  proportions:  Portland  cement,  one  measure, 
clean,  sharp  sand,  two  measures,  and  stone  or  gravel,  five 
measures.  Where  granitoid  sidewalks  are  provided  for,  and  to  be 
constructed,  crushed  granitoid  shall  be  used  instead  of  gravel  or 
stone.  It  shall  be  mixed  from  time  to  time  as  required  for 
use,  the  whole  to  be  thoroughly  mixed  in  a  box  dry,  and  water 
to  be  added  to  only  so  much  of  the  material  as  can  be  used  at 
once.  It  shall  be  immediately  laid  in  place  to  a  thickness,  less 
by  one-half  an   inch    than  that   required   by  the  specifications. 


398  REVISED  ORDINANCES. 

As  soon  as  this  is  done  and  before  the  cement  has  had  time  to 
set,  the  surface  shall  be  roughened  by  scratching,  and  the  top 
layer  composed  of  one  volume  of  Portland  cement,  and  one 
volume  of  clean,  sharp  sand,  shall  be  spread  over  it  to  a  uni- 
form thickness  of  one-half  inch,  it  shall  then  be  thoroughly 
smoothed  with  a  mason's  trowel.  The  concrete  walk  shall  be 
laid  in  sections  not  less  than  four  feet  square,  except  as  may  be 
otherwise  provided  by  special  ordinance. 

Sec.  625.  Specifications  for  stone  sidewalk :  All  stone 
shall  be  good,  sound  lime-stone,  or  "Gilfillan  flag  stone,"  not 
less  than  two  inches  thick,  and  shall  be  laid  on  a  form  of  well 
compacted  cinders,  not  less  than  five  inches  thick;  the  stone  or 
"flags"  shall  not  be  less  than  four  feet  wide,  except  as  may  be 
otherwise  provided  by  special  ordinance,  the  longest  dimensions 
to  be  laid  crosswise  of  the  walk.  The  top  surface  to  be  dressed 
smooth  and  edges  of  stone  to  be  cut  so  as  to  make  a  close 
fitting  joint  when  laid. 

Sec.  626.  Specifications  for  wooden  sidewalks.  All 
wooden  sidewalks  shall  be  constructed  out  of  sound  new  materi- 
al. No  walks  shall  be  less  than  four  feet  wide.  All  such  side- 
walks of  four  feet  and  not  over  seven  feet  in  width,  shall  be 
made  out  of  plank  or  boards  not  less  than  two  inches  thick,  and 
four  inches  wide,  securely  nailed  to  three  oak  stringers,  not 
less  than  two  inches  in  thickness  and  four  inches  wide,  and  all 
walks  over  seven  feet  wide  shall  be  built  in  same  manner  and 
out  of  same  material,  but  shall  have  four  oak  stringers  instead 
of  three.  The  ends  of  cross  planks  shall  not  extend  to  exceed 
two  inches  outside  of  stringers.  Stringers  shall  be  laid  length- 
wise and  cross-boards  or  planks  crosswise,  of  the  street.  All 
walks  of  less  width  than  to  curb  line  shall  be  laid  so  as  to  divide 
the  space  between  the  street  line  and  curb  line  evenly.  All 
sidewalks  shall  be  laid  to  the  established  grade,  and  to  stakes 
set  by  the  city  engineer. 

Sec.  627.  Each  of  the  abutting  property  owners  shall 
have  the  privilege  to  select  out  of  which  of  the  materials  in  the 
special,    ordinance   specified    (the   term   "special  ordinance"  as 


REVISED  ORDINANCES.  399 

used  herein,  shall  be  construed  to  mean  an  ordinance  providing 
for  any  particular  sidewalk  or  sidewalks,)  the  walk  abutting  on 
their  respective  lots  or  tracts  of  ground,  shall  be  constructed, 
said  choice  shall  be  made  by  filling  a  written  notice  of  their 
choice  with  the  city  clerk,  within  ten  days  of  the  publication  of 
the  special  ordinance,  and  the  abutting  property  owners  shall 
also  have  the  privilege  of  constructing  or  contracting  for  the 
construction  of  their  respective  portions  of  said  sidewalk ;  all 
contracts  thus  made  shall  be  bona  fide  entered  into  within  ten 
days  after  the  publication  of  the  special  ordinance,  and  shall  be 
complete  as  near  as  may  be  within  said  time.  If  the  sidewalks 
provided  for  in  any  special  ordinance  or  any  part  of  them  are 
not  constructed  or  a  contract  bona  fide  made  for  their  construc- 
tion, and  the  work  under  said  contract  actually  commenced,  or 
the  council  are  not  satisfied  that  any  contract  thus  privately 
made  will  insure  the  construction  of  any  part  of  said  sidewalk 
within  a  reasonable  time,  or  that  such  contract  or  contracts 
privately  made  are  made  to  delay  the  coitstruction  of  said  side- 
walk or  any  portion  thereof,  the  city  engineer  shall  make  an 
estimate  of  the  cost  of  the  several  kinds  of  sidewalks  in  the 
special  ordinance  provided  for;  which  estimate  shall  be  based 
on  the  foregoing  specifications,  and  be  filed  in  the  office  of  the 
city  clerk  and  submitted  to  the  council,  and  thereafter  the  com- 
mittee on  streets  and  alleys  shall  advertise  for  bids  for  any  por- 
tion of  said  walk  remaining  unconstructed  or  its  construction 
not  fairly  provided  for,  and  the  advertisement  shall  call  for  bids 
on  all  of  the  kinds  of  material  in  the  special  ordinance  provided 
for,  and  shall  be  by  one  weeks  publication  in  the  newspaper 
doing  the  city  printing.  If  it  shall  appear  that  a  choice  has 
been  made  by  all  persons  whose  walk  shall  remain  unconstruct- 
ed, and  that  one  or  more  of  the  kinds  provided  for,  have  been 
entirely  excluded  by  such  choices  so  made,  then  the  advertise- 
ment shall  be  for  the  kind  or  kinds  selected.  When  no  choice 
has  been  made  on  the  portion  of  the  walk  or  walks  constrcuted 
as  hereinbefore  stated,  the  advertisement  shall  be  for  all  the 
kinds  of  material  specified,  and  the  council  shall  let  the  contract 


400  REVISED    ORDINANCES. 

to  whom  they  shall  determine  to  be  the  lowest  and  best  bidder, 
taking  into  consideration  all  the  bids  submitted  on  all  kinds  of 
material  bid  on;  where  a  choice  of  material  is  made,  as  herein 
provided,  the  contract  shall  then  be  let  to  the  lowest  and  best 
bidder  on  the  particular  kind  or  kinds  chosen.  The  city  of 
Sedalia  reserves  the  right  to  reject  any  and  all  bids  submitted  ; 
no  contract  shall  be  let  on  any  bid  exceeding  the  estimates 
made  by  the  city  engineer. 

Sec.  628.  The  location  and  width  of  sidewalks  shall  be 
fixed  from  time  to  time  by  ordinance,  and  each  ordinance  pro- 
viding for  the  construction  of  a  sidewalk  shall  specify  the  kind 
or  kinds  of  material  to  be  used  or  to  be  permitted  to  be  used, 
and  any  person  who  shall  lay  or  attempt  to  lay  any  sidewalk  of 
different  dimensions  or  material  from  that  provided  for  and  au- 
thorized by  an  ordinance  providing  for  the  construction  or  re- 
construction of  any  sidewalk  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof,  shall  be  punished  by  a 
fine  of  not  less  than  one  dollar  nor  more  than  one  hundred 
dollars. 

Sec.  629.  Upon  the  petition  of  any  ten  or  more  citizens 
of  the  city,  for  a  sidewalk,  the  council  may  pass  an  ordinance 
requiring  such  sidewalk  to  be  built,  and  at  such  places  as  the 
street  where  such  sidewalk  is  to  be  built  is  not  to  the  estab- 
lished grade,  the  abutting  property  shall  bear  the  expense  of 
bringing  the  street  to  the  established  grade,  and  the  work  of 
grading  shall  constitute  and  be  considered  as  a  part  of  the  con- 
struction of  such  sidewalk,  and  the  cost  thereof  shall  be  as- 
sessed as^ainst  the  lots  or  pieces  of  ground  abutting  on  the  part 
of  the  street  where  grading  is  necessary  and  shall  be  done. 
Sidewalks  may  be  contracted  for  by  ordinance  with  or  without 
curbing,  along  any  street,  avenue  or  other  public  highway,  or 
any  part  thereof  whatever ;  all  such  contracts  shall  be  let  to  the 
lowest  and  best  bidder  upon  plans  and  specifications  filed  there- 
for by  the  city  engineer  or  other  proper  ofiicer,  with  the  city 
clerk.  Such  bids  shall  be  advertised  for  by  the  street  and 
alley  committee,  under  the  direction   of  the  city   council,    and 


REVISED  ORDINANCES.  40  I 

such  advertisement  shall  be  by  publication  in  the  newspaper  do- 
ing the  city  printing  for  one  week ;  Provided,  that  whenever 
upon  proper  advertisement  no  bid  is  received,  the  council  may 
proceed  as  in  section  632  provided. 

Sec.  630.  The  city  council  may  by  ordinance,  or  resolu- 
tion, condemn  wooden  and  defective  sidewalks,  and  may  pro- 
vide in  such  ordinance  or  resolution  for  the  removal  of  side- 
walks so  condemned,  and  may  provide  by  ordinance  for  the 
construction  of  new  sidewalks  in  the  place  of  sidewalks  so  con- 
demned and  removed,  which  new  sidewalks  shall  be  of  such  ma- 
terial or  rraterials  and  of  such  dimensions  as  shall  be  provided 
for  in  the  ordinances  providing  for  the  reconstruction  of  same. 
Any  person  who  shall  repair  any  condemned  sidewalk  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof, 
shall  be  punished  by  a  fine  of  not  less  than  one  nor  more  than 
one  hundred  dollais. 

Sec.  631.  Whenever  the  city  council  shall  hereafter  pro- 
vide, by  ordinance,  or  where  provision  is  already  made  by  or- 
dinance, for  sidewalks  conforming  to  the  specifications  of  this 
article,  for  the  construction  of  any  new  sidewalks  which  have 
been  legally  petitioned  for,  or  where  the  city  council  shall  pro- 
vide, by  ordinance,  for  the  construction  or  reconstruction  of  an)- 
sidewalk  in  the  place  of  a  sidewalk  condemned,  the  specifica- 
tions of  which  conform  to  the  specifications  of  this  artfcle,  or 
where  the  same  is  already  provided  for  by  an  ordinance,  the 
specifications  of  which  conform  to  the  specifications  of  this  ar- 
ticle, the  city  engineer  shall  make  an  estimate  of  the  cost  per 
squaiefootof  the  different  kinds  of  material  mentioned  and 
provided  for  by  said  ordinance,  and  all  estimates  so  made  shall 
be  based  on  and  be  made  with  reference  to  the  specifications  of 
this  article,  except  where  different  specifications  may  hereafter 
be  provided  by  ordinance,  when  the  estimate  shall  be  based  on 
the  specifications  provided  by  ordinance  in  the  particular  case 
being  considered  ;  all  such  estimates  shall  be  filed  in  the  office 
of  the  city  clerk,  and  submitted  to  the  council  for  approval : 
such  estimates  shall  include  grading  in   all    cases  where  grading 


402  REVISED  ORDINANCES. 

is  required,  and  shall  give  a  description  of  the  lots  or  pieces  of 
ground  abutting  on  the  part  of  the  street  at  the  point  where 
such  grading  is  required,  and  the  cost  per  square  foot  of  such 
grading  shall  be  added  to  the  other  costs  of  constructing  any 
such  sidewalks  at  such  points,  and  no  contract  shall  be  award- 
ed at  a  price  exceeding  such  estimates.  After  the  approval  of 
such  estimates  by  the  city  council,  the  street  and  alley  com- 
mittee, by  the  direction  of  the  city  council,  shall  advertise  for 
bids  for  the  construction  or  reconstruction  of  any  such  side- 
walks ;  such  advertisement  shall  be  by  publication  in  the  news- 
paper doing  the  city  printing  for  one  week. 

Sec.  632.  Whenever  the  city  shall  advertise  for  bids  for 
the  construction  of  any  new  sidewalks  of  any  kind,  or  for  the 
construction  of  new  sidewalks  in  the  place  of  sidewalks  con- 
demned, and  shall  receive  no  bids  therefor,  the  city  through  its 
street  commissioner  may,  under  the  orders  and  direction  of  the 
city  council,  proceed  to  construct  or  reconstruct  such  sidewalks 
at  its  own  expense;  the  street  commissioner  shall  keep  an  ac- 
curate account  of  the  amount  expended  for  labor  and  material, 
including  grading  and  filling  opposite  each  lot  or  piece  of 
ground,  and  present  the  same,  first,  to  the  owner  or  agent  of 
the  property  for  payment,  and  if  the  same  is  not  paid  within 
five  days  from  the  date  of  presensation,  the  street  commissioner 
shall  then  present  said  account  to  the  city  council  for  assess- 
.  ment  and  the  council  shall  by  ordinance,  assess  and  levy  a 
special  tax  against  and  upon  the  lots  and  pieces  of  ground  abut- 
ting on  the  parts  of  the  street  where  such  sidewalks  are  so 
constructed,  and  each  lot  or  piece  of  ground  abutting  on  the 
sidewalks  constructed  or  reconstructed  shall  be  liable  for  the 
cost  thereof,  including  grading  and  filling,  as  reported  to  the 
council  by  the  street  commissioner.  There  may  be  as  many 
assessments  included  in  one  ordinance  as  there  are  lots  or  pieces 
of  ground  reported  as  having  received  resulting  benefits  from 
the  construction  or  reconstruction  of  any  such  sidewalks,  and 
the  city  clerk  shall  issue  tax-bills  payable  to  the  city,  against 
each  lot  or  piece  of  ground  for  the  amount  for  which  it  is  liable. 


REVISED  ORDINANCES.  403 

Such  tax-bills  shall  contain  such  recitals  as  shall  be  necessary  to 
make  them  prima  facie  evidence  in  any  suit  thereon.  All  such 
tax-bills  shall  be  assignable,  and  shall  be  a  first  lien  on  the  lot 
or  piece  of  ground  described  therein  until  paid,  and  shall  be 
collectible  in  any  action  brought  in  the  name  of  the  city  to  the 
use  of  the  holder  thereof,  or  in  any  action  brought  by  the  city 
in  its  own  name  and  for  its  own  use;  but  where  any  such  tax- 
bill  has  been  assigned,  the  city  shall  not  in  any  event  be  liable 
for  any  cost  that  may  accrue  in  such  action,  nor  will  the  city  be 
liable  for  the  amount  of  any  such  tax-bill  after  the  same  is 
assigned.  All  such  special  tax-bills  shall,  in  any  action  thereon, 
be  prima  facie  evidence  of  the  regularity  of  the  proceedings  for 
such  special  assessments,  of  the  validity  of  the  bill,  of  the  doing 
of  the  work  and  furnishing  of  the  materials  charged  for,  and  of 
the  liability  of  the  property  to  the  charge  stated  in  the  bills  ; 
and  all  such  tax-bills  shall  bear  interest  from  thirty  days  af'er 
date  of  issue  of  same  until  paid ;  but  if  not  paid  within  six 
months  after  date  of  issue,  then  they  shall  bear  interest  from 
the  date  of  issue  at  the  rate  of  fifteen  per  cent  per  annum  until 
paid. 

Sec.  633.  As  soon  as  any  such  tax  bills  have  been  made 
out  by  the  city  clerk  he  shall  enter  an  abstract  of  the  same  in 
his  record  book  of  special  taxes,  in  the  same  manner  as  other 
tax  bills  are  abstracted  and  recorded,  and  he  shall  then  turn 
over  such  tax  bills  to  the  city  collector,  charging  him  therewith 
and  taking  his  receipt  therefor,  duly  indorsed  on  the  record 
where  such  tax  bills  are  recorded,  and  the  city  collector  shall 
immediately  proceed  to  collect  or  sell  the  same.  All  such  tax 
bills  not  paid  or  sold  within  ten  days  after  issue  shall  be  turned 
over  to  the  city  attorney  for  the  purpose  of  bringing  suit  there- 
on, and  he  shall  sue  on  all  such  tax  bills  as  soon  as  ordered  so 
to  do  by  the  council.  Any  such  tax  bills  may  be  sold  at  any 
time  before  or  after  suit  is  instituted,  the  defendant  paying  the 
costs. 

Sec.  634.  Any  person  or  persons  taking  any  contract 
with  the  City  of  Sedalia  for  work  under  any  special  ordinance, 


404  REVISED    ORDINANCES. 

passed  in  pursuance  of  this  article  and  wherein  the  provisions, 
conditions  and  specifications  hereof  are  made  to  control,  shall 
be  paid  with  special  tax  bills  made  in  conformity  of  the  provis- 
ions of  this  article  and  statutes  in  such  cases  made  and  provided. 
Sec.  635.  The  cost  of  making  any  new  sidewalk,  wheth- 
er upon  petition  or  in  place  of  sidewalks  condemned,  where  the 
same  are  constructed  by  contract  awarded  by  the  city  council 
after  due  advertisement,  or  when  constructed  by  the  city  after 
advertisement  and  a  failure  to  receive  any  bids  therefor,  shall 
be  levied  as  a  special  assessment  on  all  lots  and  pieces  of  ground 
abutting  on  such  improvements,  in  proportion  to  the  front 
foot  thereof :  Provided,  that  corner  lots  at  street  intersections  or 
other  places  shall  be  liable  for,  and  shall  be  assessed  for  the  ex- 
tension of  sidewalks  to  the  curb  line  each  way. 

Sec.  636.  All  sidewalks  constructed  by  any  contractor 
shall  be  paid  for  as  hereinbefore  provided,  and  as  soon  as  com- 
pleted and  accepted  by  the  city  council,  the  city  engineer  shall 
compute  the  cost  thereof,  and  return  said  computation  to  the 
city  clerk,  and  the  city  clerk  shall  assess  a  special  tax  against 
the  lots  or  tracts  of  land  as  abjve  provided  and  shall  make  out 
a  certified  bill  of  such  assessment  against  each  lot  or  tract  of 
land  in  the  name  of  the  owner  thereof.  Said  certified  tax  bills 
shall  be  delivered  to  the  contractor,  and  the  contractor  shall  re- 
ceive and  receipt  for  the  same  in  full  for  all  claims  against  the 
City  of  Sedalia  for  all  work  done  or  material  furnished  under 
his  contract. 

Sec.  637.  Said  special  tax  bills  shall  in  any  action  there- 
on be  prima  facie  evidence  of  the  regularity  of  the  proceedings 
for  srch  special  assessments,  of  the  validity  of  the  bill,  of  the 
doing  of  the  work  and  furnishing  of  the  material  charged  for, 
and  of  the  liability  of  the  property  to  the  charge  stated  in  the 
bill,  and  shall  be  and  become  a  prior  Hen  upon  the  property 
charged  therewith,  and  may  be  collected  of  the  owner  of  the 
land  in  the  name  of  the  City  of  Sedalia  to  the  use  of  the  con- 
tractor, as  any  other  claim,  and  in  no  event  will  the  City  of  Se- 
dalia be  liable  in  any  manner  whatever,  for  or  on  account  of  any 


REVISED    ORDINANCES.  405 

work  done  or  material  furnished,  or  the  cost  thereof.  Said  spe- 
cial tax  bills  shall  bear  interest  at  the  rate  of  eight  per  cent,  per 
annum  from  thirty  days  after  date  of  issue  until  paid. 

Sec.  638.  No  formality  whatever  shall  be  required  to 
authorize  the  repairing  of  any  sidewalks,  or  reconstructing  the 
same  and  making  the  assessments  therefor,  but  the  street  com- 
missioner shall,  with  or  without  notice,  as  the  exigencies  of  the 
case  may  require  or  suggest,  to  be  proper  or  just,  do  or  cause 
to  have  done  such  repairs  and  furnish  all  material  therefor 
keeping  an  accurate  account  of  the  cost  thereof,  and  imme- 
diately upon  the  completion  of  any  such  repairs  he  shall  pre- 
sent the  account  of  the  cost  thereof  to  the  owner  or  agent  of 
the  property  to  be  charged  therewith ;  if  this  may  be  done  with 
reasonable  convenience  at  any  place  within  the  city.  If  any 
person  shall  fail  to  pay  any  such  account  when  so  presented,  the 
street  commissioner  shall  report  the  same  to  the  city  council  for 
assessment.  He  shall  also  report  such  accounts  to  the  council 
for  assessment  as  have  not  been  presented  to  the  owner  or 
agent  of  any  property  to  be  charged  with  any  such  repairs  so 
made.  Any  failure  to  present  any  account  to  the  owner  or 
agent  for  any  such  repairs  so  made  shall  in  no  manner,  nor  to 
any  extent  whatever,  effect  the  validity  of  any  assessment  made 
therefor,  but  the  same  shall,  in  all  cases,  be  taken  as  an  accom- 
modation to  any  such  owner  or  agent.  When  the  street  com- 
missioner shall  conclude  in  any  case  to  notify  any  property 
owner  or  agent  of  any  defective  sidewalk,  said  notice  may  be 
served  in  any  of  the  ways  below  mentioned.  A  notice 
mailed  to  the  proper  address  of  any  such  owners  or  agents  at 
any  place  within  or  without  the  city  shall  be  sufficient,  and  if 
the  place  of  residence  of  such  owner  or  agent  is  not  known  to 
the  street  commissioner,  it  shall  be  sufficient  to  post  such  notice 
on  the  premises,  and  for  that  purpose  he  is  authorized  to  enter 
any  yard  or  other  premises  and  fasten  such  notice  to  the  fence, 
building  or  other  conspicuous  place  on  such  premises ;  Provided, 
that  it  will  always  be  competent  to  serve  such  notice  by  deliver- 
ing a  copy  thereof  to    such    owner    or   agent    in    person  or   by 


406  REVISED  ORDINANCES. 

leaving  a  copy  thereof  at  the  usual  place  of  abode  of  such 
owner  or  agent  with  a  member  of  his  family  over  the  age  of 
fifteen  years ;  Provided,  that  nothing  herein  shall  be  so  con- 
strued as  to  prevent  the  street  commissioner  from  making  any 
such  repairs  after  notice  and  before  the  expiration  of  the  five 
days  when  any  sidewalk  is  in  such  condition  as  to  be  dan- 
gerous to  public  travel,  of  which  the  street  commissioner  shall 
be  the  judge. 

Sec.  639.  Each  lot  or  piece  of  ground  abutting  on  any 
such  sidewalk^  or  part  thereof,  shall  be  liable  for  its  part  of  the 
cost  of  such  work  made  along  or  in  front  of  such  lot  or  piece  of 
ground,  as  reported  to  the  council  by  the  street  commissioner, 
and  the  council  shall,  by  ordinance,  assess  against  and  upon 
each  lot  or  piece  of  ground  receiving  the  benefit  of  such  repairs 
the  cost  of  the  same,  and  the  city  clerk  shall  immediately  issue 
tax  bills  therefor  in  accordance  with  such  assessments,  which 
tax  bills  shall  contain  such  recitals  as  the  law  requires.  All  such 
tax  bills  shall  be  and  constitute  a  prior  lien  upon  the  property 
liable  therefor  until  paid ;  and  shall  bear  interest  from  thirty 
days  after  date  of  issue  until  paid,  at  the  rate  of  eight  per  cent, 
per  annum,  and  shall  be  made  payable  to  the  city.  If  any  such 
tax  bill  is  not  paid  within  six  months  after  issue,  the  same  shall 
bear  interest  as  penalty  for  failure  to  pay  the  same,  at  the  rate 
of  fifteen  per  cent,  per  annum  from  date  of  issue  until  paid,  and 
all  such  tax  bills  shall  be  assignable,  and  in  any  action  thereon 
by  che  city,  or  any  assignee  of  such  tax  bill  in  the  name  of  the 
city  to  his  or  their  use  shall  be  prima  facie  evidence  of  the  reg- 
ularity of  the  proceedings  for  such  special  assessments,  of  the 
validity  of  the  bill,  of  the  doing  of  the  work,  and  of  the  furnish- 
ing of  the  materials  charged  for,  and  of  the  liability  of  the  prop- 
erty to  the  charge  stated  in  the  bill,  and  may  be  collected  of 
the  owner  of  the  land. 

Sec.  640.  Immediately  upon  the  issuing  of  such  tax  bills 
for  sidewalk  repairs  by  the  city  clerk  he  shall  make  an  abstract 
record  of  the  same  as  of  other  special  tax  bills,  and  turn  the  said 
tax  bills  over  to    the   city   collector    for   collection,  and  the  city 


REVISED  ORDINANCES. 


407 


collector  shall  receipt  therefor  and  proceed  at  once  to  sell  or 
collect  the  same,  and  the  same  proceedings  shall  be  had  as  in 
the  matter  of  tax  bills  issued  to  the  city  for  the  construction  of 
sidewalks  where  no  bids  have  been  secured  after  due  advertise- 
ment. 


CHAPTER  28. 


RAILROADS. 


Section 

641.  Speed  of  cars  iu  city  limits. 

642,  Street    crossings,    regulations 
concerning. 


Section 
643.   Misdemeanor,  violation  of  this 
chapter,  punishment. 


Section  641.  It  shall  be  unlawful  within  the  limits  of 
the  City  of  Sedalia  for  any  car,  cars  or  locomotives  propelled  by 
steam  power,  to  run  at  a  rate  of  speed  exceeding  ten  miles  per 
hour. 

Sec.  642.  It  shall  be  unlawful  within  the  limits  of 
the  City  of  Sedalia  for  any  car,  cars  or  locomotives  pro- 
pelled by  steam  power,  to  obstruct  any  street  crossing  by 
standing  thereon  longer  than  five  minutes,  and  when  mov- 
ing the  bell  of  the  engine  shall  be  constantly  sounded 
within  said  limits,  and  if  any  freight  car,  cars  or 
locomotives  propelled  by  steam  power  be  backing  over  any 
road  or  street  crossing  within  said  limits,  a  man  shall  be  sta- 
tioned on  top  of  the  car  at  the  end  of  the  train  farthest  from  the 
engine,  to  give  danger  signals,  and  no  freight  train  shall  at  any 
time  be  moved  over  any  road  or  street  crossing  within  the  city 
limits  unless  it  be  well  manned  with  experienced  brakemen  at 
their  posts,  who  shall  be  so  stationed  as  to  see  the  danger  sig- 
nal and  hear  the  signals  from  the  engine. 

Sec.  643.  Any  person,  persons  or  corporation  violating 
the  provisions  of  either  of  the  two  next  preceding  sections, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  in  the  police  court  of  this  city,  shall  be  fined  not  less 
than  one  dollar  nor  more  than  one  hundred  dollars. 


4o8 


REVISED  ORDINANCES. 


CHAPTER  29. 
REVENUE. 

ARTICLE  I.— Taxation  and  Taxable   Property. 
ARTICLF  II.— Board  of  Equalization. 
ARTICLE  III.— Collection  of  Revenue. 

ARTICLE  I. 

TAXATION     AND    TAXABLE     PROPERTY. 


Section. 

644.  Taxes,  purposes  of. 

645.  Property   exempt   from    taxa- 
tion, what. 

646.  Personal  property,    what   sub- 
ject to. 


Section. 

647.  Amount  of,  fixed  by  ordinance. 

648.  Definitions     of      terms      and 
phrases 


Section  644.  For  the  support  of  the  city  government, 
and  the  payment  of  the  public  debt  and  the  interest  thereon, 
and  the  advancement  of  the  pubhc  interest  generally,  taxes  shall 
be  levied  upon  all  property,  real  and  personal,  except  as  stated 
in  the  next  section. 

Sec  645.  The  following  ."subjects  are  exempt  from  taxa- 
tion, viz:  All  houses  and  necessary  equipments  thereof,  used 
exclusively  for  religious  worship,  and  the  lot  of  ground  upon 
which  the  same  may  be  erected  ;  all  orphan  and  other  asylumns 
for  the  relief  of  the  sick  or  needy,  with  their  furniture  and 
equipments,  and  the  land  on  which  they  are  erected,  and  which 
is  used  therewith,  so  long  as  the  same  shall  be  used  for  that 
purpose  only;  all  universities,  colleges,  academies,  schools  and 
other  seminaries  of  learning,  with  the  furniture  and  equipments 
and  lands   thereto  belonging,    or   used    immediately  therewith, 


REVISED    ORDINANCES. 


4C9 


and  their  endowment  funds,  when  not  invested  in  real  estate,  so 
long  as  the  same  shall  be  employed  for  that  purpose  only ; 
Provided,  that  the  land  hereby  exempted  from  taxation  shall 
not  exceed  two  acres ;  And  provided,  fiirtJier,  that  such  prop- 
erty so  exempted  shall  not  be  under  rent  to  any  person,  cor- 
poration or  society,  and  shall  not  in  any  way  or  manner  be 
paying  or  yielding  any  rent  or  profit ;  cemeteries  and  grave- 
yards set  apart  and  used  for  that  purpose  only ;  all  real  estate 
and  other  property  belonging  to  any  incorporated  agricultural 
society,  so  long  as  the  same  shall  be  employed  for  the  use  of 
such  society  and  none  other;  all  libraries,  their  furniture  and 
equipments,  belonging  to  any  library  association  or  society;  all 
lands,  buildings  and  their  fixtures  and  equipments,  and  all  other 
property  belonging  to  the  city  of  Sedalia ;  all  jails,  court  houses 
and  other  buildings  and  property  belonging  to  the  count)'  of 
Pettis;  and  all  property  which  is  exempt  from  taxation  by  the 
charter  of  this  city.  Nothing  in  this  section  shall  be  so  con- 
strued so  as  to  exempt  from  taxation  any  description  of  prop- 
erty, when  the  same  is  held  for  the  purpose  of  pecuniary  profit 
or  speculation,  except  as  is  provided  in  the  charter  of  this   city. 

Sec.  646.  All  property  personal  by  the  laws  of  the  state 
of  Missouri,  when  stuated  in  any  pther  portion  of  said  state 
than  the  city  of  Sedalia,  shall,  if  the  owner  thereof  reside  within 
the  city  of  Sedalia,  be  subject  to  taxation  by  said  city,  the 
same  as  personal  property  located  within  the  limits  of  the  city. 

Sec.  647.  The  amount  of  tax  laid  upon  propert^^  tax- 
able by  law  and  the  charter  and  ordinances  of  this  city,  shall 
be  fixed  and  the  levy  thereof  made  by  ordinance  in  each  and 
every  year. 

Sec.  648.  The  term  real  estate,  real  property,  or  lot, 
whenever  used  in  this  article,  shall  be  held  to  mean  and  in- 
clude, not  only  the  land  itself,  whether  laid  out  in  city  lots  or 
otherwise,  with  all  things  contained  therein,  but  also  all  build- 
ings, structures  and  improvements,  and  other  permanent  fix- 
tures of  whatsoever  kind  thereon,  and  all  rights  and  privileges 
belonging  or  in  any  way  appertaining  thereto,  except  when  the 


4IO  REVISED  ORDINANCES. 

same  may  be  otherwise  denominated  by  this  article.      The  term 
bonds  or  stock,  wherever   used    in   this   article,  shall  be   held  to 
mean  and  include  bonds  or  stocks  of  whatsoever   kind,  whether 
issued  by   incorporated    or    unincorporated    companies,  towns, 
townships,  cities,  counties,  state  or   other  corporations,  held  or 
controlled  by  persons  residing  in   this    state,  whether  for  them- 
selves or  as  guardians,  trustees,  or  agents,  on  which  the  holder 
or  owner  thereof  is   receiving,  or   is  entitled   to    receive  interest 
for  themselves  or  others.      The  term  capital  stock  and  shares  of 
capital  stock,,  wherever   used  in  this  article,  shall    be   held    to 
mean  and    include    the  capital  stock  of  every   association,  cor- 
poration, joint  stock  or  other  company,  the  stock  or  capital  of 
which  is  or  may  be  divided    into   shares,  which    are  transferable 
by  the  owner,  for  the   taxation    of  the   capital  stock   of  which 
association,  corporation,  joint   stock  or  other  company,  no  spe- 
cial provision  is  made  by  this   article,  held   by   persons  residing 
in  this  ^tate,  either    for   themselves,  or  as  guardians,  executors, 
administrators,  trustees  or  agents.      The  term  personal  property, 
wherever  used  in  this  article,  shall   be   held  to  mean  and  include 
bonds,    stock,    moneys,    credits,    the    capital    stock,    undivided 
profits,  and  all  other   moneys   not   forming  a  part  of  the  capital 
stock    of  every  company,   whether   incorporated    or   unincorpo- 
rated, and  every  share,  portion  or  interest  in  such  stock,  profits 
or  means,  by  whatsoever  name   they  may  be  designated  ;    every 
share  or  portion,  right    or    interest,  either   legal  or  equitable,  in 
and  to  every  ship,  vessel  or  boat  shall  be  within  the  jurisdiction 
of  the  State   of  Missouri  or   elsewhere,  and  whether   the  same 
shall  have  been  enrolled,  registered  or  licensed  at  any  collector's 
ofifice,  or  within    any   county  or   collector's   district  within   this 
state  or  not;    the  stock  of  nursier   growing  on  leased  land,  or  in 
the  hands  of  nurserymen   which   has   been  separated   from    the 
soil  where  growing,  and  every  tangible    thing  being  the  subject 
of  ownership,  whether  animate  or    inanimate,  and    not  forming 
part  of  any  parcel  of  real   property  as   hereinbefore   described. 
The  term  money  or  moneys,  wherever  used  in  this  article,  shall 
be  held  to  mean  gold,  silver  and  other  coin,  and  paper  or  other 


REVISED  ORDINANCES.  4II 

currency  used  in  barter  and  trade  as  money.  The  term  credits, 
wherever  used  in  this  article,  shall  be  held  to  mean  and  include 
every  deposit  which  the  person  owning,  holding  in  trust,  or 
having  the  beneficial  interest  therein,  is  entitled  to  withdraw  in 
money  on  demand,  and  every  claim  or  demand  for  money,  in- 
terest or  other  valuable  thing,  due  or  to  become  due,  or  every 
annuity  or  money  receivable  at  stated  periods,  including  pay  or 
salaries  accrued  or  due  from  any  source  whatever,  and  all  in- 
come or  interest  accruing  from  government  bonds,  and  all 
money  loaned  or  invested,  and  all  indebtedness  secured  by  deed, 
contract,  mortgage  or  pledge  of  property  of  whatever  kind  ; 
Provided,  that  pensions  due  and  to  be  received  from  the  United 
States  shall  not  be  held  to  mean  annuities  within  the  meaning 
of  this  article.  The  term  property,  wherever  used  in  this 
article,  shall  be  held  to  mean  and  include  every  tangible  and  in- 
tangible thing  being  the  subject  of  ownership,  whether  animate 
or  inaeimate,  real  or  personal.  The  term  oath,  wherever  used 
in  this  article,  shall  be  held  to  mean  oath  or  affirmation.  Every 
word  in  this  article  importing  the  masculine  gender,  may  attach 
or  be  applied  to  females  as  well  as  males;  and  the  word  person 
as  used  in  this  article,  shall  be  held  to  mean  and  include  per- 
sons, firms,  company  corporation,  or  otherwise,  whenever  the 
case  may  so  require  its  use  or  application. 


ARTICLE  II. 

BOARD    OF    EQUALIZATION. 

Section  649.— Who  constitutes,  powers,  duties,  etc. 

Section  649.  The  board  of  equalization  for  the  equaliza- 
tion of  values  and  assessments  on  property  for  the  purposes  of 
taxation  for  city  purposes,  shall  consist  of  the  county  board  of 
equalization  and  the  mayor  and  assessor  of  the  city .  And  for 
the  purpose  of  giving  the  city  representation  on  the  county 
board  of  equalization  when  said  board  is  sitting  for  the  purpose 


412 


REVISED  ORDINANCES. 


of  equalizing  the  assessments  on  city  property,  the  mayor  and 
city  assessor  shall  sit  with  the  county  board  of  equalization  when 
the  said  board  is  passing  upon  the  assessment  of  such  city  prop- 
erty, and  shall  each  have  a  vote  in  said  board,  and  they  shall 
be  paid  for  such  services  the  same  amount  per  day,  and  out  of 
the  same  fund  as  other  members  of  such  board  of  equalization. 
The  assessment  of  city  property  as  made  by  the  city  and  coun- 
ty assessor  shall  conform  to  each  other,  and  after  such  board  of 
equalization  has  passed  upon  such  assessment  and  equalized  the 
same,  the  city  assessor's  books  shall  be  corrected  in  red  ink  in 
accordance  with  the  changes  made  by  the  board  of  equaliza- 
tion, and  so  certified  by  said  board,  and  then  returned  to  the 
city  council.  All  things  not  herein  provided  for  shall  be  done 
as  is  provided  by  general  law  with  reference  to  the  equalization 
of  assessments  for  state  and  county  purposes. 


ARTICLE  in. 


COLLECTION    OF    REVENUE. 


Section 

650.  Notice  to  tax  payers,  collector 
to  give,  what. 

651.  Taxes,  paid  in  what. 

652.  Penalties,  when  to  attach,  ac- 
count of 

653.  Non-residents,  to  be  furnished 
statement,  etc.,   of  taxes,  etc. 

654.  Seizure  and  sale,  when  and 
how  made. 

655.  Costs  of,  how  taxed. 

656.  Shares  and  stocks  of  corpora- 
tions, how  assessed,  may  be 
seized  and  sold,  when. 

657.  Corporation  failing  to  give  in 
stock,  etc.,  penalty. 

658.  Taxes  paid,  how  entered,  re- 
ceipted for,  etc. 


Section 

659.  Accounts,  records  and  state- 
ments, collector  to  keep  and 
make,  what. 

660  Delinquent  tax  list,  to  be 
made  and  returned,  when. 

661.  Council  to  examine  and  give 
credit  for  same,  when. 

662.  Delinquent  tax  book,  clerk  to 
make. 

663.  Taxes  in  delinquent  book, 
how  and  when  paid,  etc. 

664.  When  book  is  being  made, 
how  paid. 

665.  Delinquent  list,  failure  to  re- 
turn, penalty. 

666.  Suit  for  taxes,  tax  attorney  to 
be  appointed. 


Sec.  650.  It  shall  be  the  duty  of  the  collector  of  the 
revenue,  immediately  after  the  receipt  of  the  tax  book  and  de- 
linquent tax  book  of  previous  years,  to  give  notice  that  the  tax 


REVISED  ORDINANCES. 


413 


book  for  the  current  year  has  been  placed  in  his  hands  for  col- 
lection. Said  notice  shall  be  given  by  posting  up  at  least  six 
written  or  printed  hand  bills  in  different  parts  of  the  city,  and 
by  publication  in  all  of  the  daily  newspapers  in  the  city  for  one 
week,  and  shall  specify  at  what  place  in  this  city  the  collector 
may  be  found.  It  shall  be  the  duty  of  the  collector  to  be  at 
such  a  place  so  appointed,  ready  to  receive  and  receipt  for 
taxes;  and  if  he  shall  fail  to  so  attend,  without  good  cause,  he 
shall  forfeit  and  pay  to  any  person  injured  double  the  amount 
of  damages  he  may  sustain  by  reason  of  such  failure,  to  be  re- 
covered by  civil  action  at  the  suit  of  the  person  so  injured. 

Sec.  651.  All  taxes  shall  be  paid  in  gold  or  silver  coin, 
United  States  legal  tender  notes,  national  bank  notes  or  city 
warrants. 

Sec.  652.  If  any  person  shall  fail  or  refuse  to  pay  the 
city  taxes  to  the  city  collector  on  or  before  the  first  day  of  Jan- 
uary next  after  the  assessment  and  levy  of  the  same,  it  shall  be 
the  duty  of  the  collector  to  collect  and  account  for  as  other  taxes 
an  additional  tax,  as  penalty,  of  one  per  cent,  per  month  for  each 
month  that  such  taxes  remain  due  and  unpaid ;  and  the  col- 
lector shall,  on  the  day  of  his  annual  settlement  with  the  city 
clerk  and  council,  being  the  first  Monday  in  April  of  each  year, 
file  with  the  city  clerk  a  statement  under  oath  of  the  penalties 
so  received,  and  from  whom  received;  and  he  shall  settle  with 
the  city  clerk,  who  shall  see  that  the  penalties  aforesaid  are  ac- 
counted for  upon  all  taxes  reported  paid  by  the  collector  on 
and  after  the  second  day  of  January  of  each  year. 

Sec.  653.  The  collector  shall  furnish  all  non-resident 
taxpayers  a  statement  of  the  amount  of  taxes  assessed 
against  any  tract  of  land  or  town  lot  in  this  city,  for  any 
year  or  years,  as  shown  by  the  tax  book  or  delinquent  tax  book 
in  his  possession,  and  send  the  same  by  mail  to  the  address  of 
any  person  applying  to  him  for  the  same  by  letter;  and  if  no 
taxes  are  due  on  any  such  tract  or  lot,  he  shall  answer  such  let- 
ter of  inquiry  stating  the  fact;  and  when  any  funds  are  remitted 
to  the  collector,  by  mail  or  otherwise,  for  the  payment   of  any 


414  REVISED  ORDINANCES. 

taxes  appearing  to  be  due  on  his  tax  book  or  delinquent  tax 
book,  it  shall  be  his  duty  to  receive  the  same,  and  send  a  re- 
ceipt therefor  by  mail  to  the  person  so  remitting.  And  the  col- 
lector may  tax  up  and  collect  against  such  person,  as  costs,  all 
sums  which  he  may  have  to  pay  for  postage  and  stationery  on 
account  of  such  correspondence,  but  no  other  costs. 

Sec.  654.  The  collector  shall  diligently  endeavor,  and 
use  all  lawful  mean-,  to  collect  all  of  the  taxes  which  he  is  re- 
quired to  collect,  and  to  that  end  he  shall  have  the  power  to 
seize  and  sell -the  goods  and  chattels  of  the  person  liable  for 
taxes,  in  the  same  manner  as  goods  and  chattels  are  or  may  be 
required  to  be  seized  and  sold  under  execution  issued  on  judg- 
ment at  law ;  and  no  property  shall  be  exempt  from  the  seizure 
or  sale  for  taxes,  except  as  is  provided  in  the  charter  of  this 
city :  Provided,  that  no  such  seizure  and  sale  shall  be  made  un- 
til on  and  after  the  first  day  of  January  of  each  year.  But  in 
no  case  shall  such  seizure  and  sale  be  made  until  the  collector 
shall  have  demanded  payment  of  the  tax,  either  by  personal  ap- 
plication to  the  party  liable  to  pay  the  tax,  or  by  leaving  a 
written  or  printed  notice  at  the  usual  place  of  abode  of  such  per- 
son, with  some  member  of  his  family  over  the  age  of  fifteen 
years,  nor  for  ten  days  after  such  demand  shall  have  been  made, 
except  the  person  or  persons  owing  such  tax  are  about  to  re- 
move from  the  county,  or  the  collector  has  reason  to  believe 
they  are  about  to  remove;  then,  in  such  cases,  the  seizure  and 
sale  may  be  made  without  any  demand  having  been  made. 
Seizure  under  this  section  may  be  made  in  any  part  of  Pettis 
county. 

Sec.  655.  The  collector  shall,  in  every  case  of  seizure  and 
sale  of  personal  property  to  pay  taxes,  in  addition  to  the  amount 
of  tax  due,  levy  the  costs  of  such  seizure  and  sale,  and  the  pen- 
alty and  interest  provided  by  this  article,  and  be  entitled  to  the 
same  fees  as  sheriffs  for  like  services  on  execution. 

Sec.  656.  The  cashier,  secretary  or  chief  clerk  of  any 
corporation,  the  shares  of  which  are  taxable  by  the  charter  and 
ordinances  of  this  city,  at  the  request  of  the  collector,  shall  give 


REVISED    ORDINANCES.  «  415 

him  a  certificate  under  his  hand,  showing  the  number  and 
.amount  of  shares  held  in  the  stock  of  such  corporation,  the 
names  of  the  holders  and  encumbrance  thereon;  and  the  col- 
lector in  default  of  the  payment  by  the  corporation  of  the  taxes 
due  thereon;  as  required  by  this  article,  shall  seize  and  sell  the 
same,  in  the  manner  prescribed  by  this  article,  and  the  purchas- 
ers thereof  shall  be  admitted  to  all  the  rights,  powers  and  priv- 
ileges that  the  holders  of  such  shares  had  at  the  time  of  seizing 
the  same,  and  shall  be  entered  by  such  corporation  on  their 
books  as  the  owners  of  such  shares. 

Sec.  657.  If  any  corporation  or  ofificer  thereof,  shall  fail 
to  comply  with  the  provisions  of  the  preceding  section,  such 
corporation  shall  forfeit  to  the  city  the  sum  of  five  hundred  dol- 
lars, to  be  recovered  by  civil  action  at  the  suit  of  the  city. 

Sec.  658.  Whenever  any  person  shall  pay  taxes  charged 
on  the  tax  books,  the  collector  shall  enter  such  payment  in  his 
list,  and  give  the  person  paying  the  same  a  receipt,  specifying 
the  name  of  the  person  for  whom  paid,  the  amount  paid,  what 
year  paid  for,  and  the  property  and  value  thereof  on  which  the 
same  was  paid,  according  to  its  description  on  the  tax  book,  in 
whole  or  in  part,  just  as  the  case  may  be,  and  the  collector  shall 
enter  "paid"  against  such  tract  or  lot  of  land  when  he  collects 
the  tax  thereon.  The  collector  shall  receive  taxes  on  part  of 
any  lot,  piece  or  parcel  of  land  charged  with  taxes,  provided 
the  person  paying  such  taxes  shall  furnish  a  particular  specifica- 
tion of  the  part ;  and  if  the  tax  on  the  remainder  of  such  lot 
or  parcel  of  land  shall  remain  unpaid,  the  collector  shall  enter 
such  specification  in  his  return,  to  the  end  that  the  part  on 
which  the  tax  remains  unpaid  may  be  clearly  known.  If  the 
payment  is  made  on  an  undivided  share  of  real  estate,  the  col- 
lector shall  enter  on  the  tax  books  the  name  of  the  owner  of 
such  share,  so  as  to  designate  on  whose  undivided  share  the  tax 
has  been  paid. 

Sec.  659.  The  collector  shall,  in  a  book  to  be  provided 
for  that  purpose,  keep  a  correct  account  of  all  moneys  received 
by   him    as  collector,  showing,  in  a  tabular   form,   the   various 


4l6  REVISED    ORDINANCES. 

sums  received,  from  whom  received,  when  received,  and  on 
what  account,  and  the  number  of  the  receipt  given  therefor, 
and  the  amount  of  discounts  allowed,  and  the  amount  of  penal- 
ties charged  and  collected;  and  he  shall  in  such  book,  open  and 
keep  separate  accounts  as  follows  :  One  for  general  taxes ;  one 
for  delinquent  taxes ;  one  for  licenses ;  and  one  for  money  re- 
ceived from  all  other  sources ;  and  said  book  shall  be  a  public 
record,  and  open  at  all  times  proper  for  the  inspection  of  the  may- 
or or  any  member  of  the  city  council.  Said  collector  shall,  at  the 
end  of  every  month,  make  a  sworn  statement  of  the  collections 
made  by  him  during  the  month,  itemized  as  above  indicated, 
and  shall  file  the  same  with  the  city  clerk  on  or  before  the  first 
Monday  of  the  next  month,  together  with  the  treasurer's  re- 
ceipts for  all  moneys  collected  during  the  month  ;  and  the  clerk 
shall  compare  such  statement  with  the  aforesaid  book,  and  lay 
said  statement  before  the  city  council  at  their  next  regular  meet- 
ing, with  his  certificate  to  the  correctness  thereof,  if  it  be  cor- 
rect, and  if  it  be  not  correct,  the  clerk  shall  state  wherein  it 
is  not  correct.  And  in  all  matters  oi  detail  under  this  article 
not  otherwise  provided  for,  the  collector  and  the  clerk  shall  be 
governed  by  such  rules  and  regulations  as  the  city  council  or 
the   committee    on  finance   may,  from   time    to  time,  prescribe. 

Sec.  660.  The  collector  shall,  on  the  first  Monday  in 
April  in  each  year,  return  to  the  city  clerk  the  list  of  lands  and 
lots  upon  which  he  has  been  unable  to  collect  the  taxes,  with  a 
full  description  of  such  lands  and  lots,  with  the  amount  of  taxes 
due  thereon  set  opposite  each  tract  or  lot,  and  a  list  of  the  de- 
linquent personal  property,  alphabetically  arranged,  with  the 
amount  due  from  each  person. 

Sec.  661.  The  city  council  shall,  at  their  next  meeting 
after  the  return  of  the  delinquent  list  or  as  soon  thereafter  as 
may  be,  examine  the  same,  and  the  collector  shall  receive  a 
credit  for  the  same,  or  so  much  thereof  as  the  said  council  shall 
find  to  be  correct ;  Provided,  that  no  credit  for  delinquent  taxes 
shall  be  allowed   the  collector  until  he  shall  have  made  affidavit 


REVISED  ORDINANCES. 


417 


that  he  has  made  diligent  search,  and  has  been  unable  to  find 
any  personal  property  out  of  which  to  make  the  tax. 

Sec.  662.  The  city  clerk  shall,  immediately  after  receiv- 
ing such  delinquent  list,  make  out  a  book  to  be  known  as  the 
delinquent  tax  book,  which  shall  contain  a  list  of  lands  and  lots 
upon  which  taxes  are  unpaid,  with  the  amout  of  tax  due,  and 
the  interest,  penalty  and  costs  added  thereto,  and  with  separate 
columns  for  the  taxes  of  each  year,  with  the  columns  added  up, 
and  the  aggregate  amount  noted  on  each  page,  which  book 
shall  be  delivered  to  the  collector  of  the  city  for  the  ensuing 
year  as  soon  as  he  shall  have  qualified  and  receipted  for  the 
same,  and  he  shall  be  charged  with  the  amout  of  taxes  charged 
therein. 

Sec.  663.  The  collector  shall  receive  all  taxes  charged  in 
said  delinquent  tax  bo  k,  as  long  as  the  same  shall  remain  in 
his  possession,  which  may  be  tendered  to  him;  give  proper  re- 
ceipts therefor,  and  mark  the  same  paid  opposite  to  the  descrip- 
tion of  property  upon  which  the  taxes  may  be  so  paid  ;  and  he 
shall,  upon  receiving  the  tax  book  for  the  current  year,  settle 
for  the  said  delinquent  tax  book  in  like  manner  as  for  the  origi- 
nal tax  book. 

Sec.  664.  If  any  person  shall  desire  to  pay  his  taxes  be- 
tween the  first  Monday  in  April  and  the  day  upon  which  the 
city  clerk  shall  deliver  the  delinquent  tax  book  to  the  collector, 
he  shall  apply  to  the  city  clerk,  who  shall  make  out  for  such 
person  duplicate  tax  receipts,  which  receipts  shall  be  like  unto 
the  collector's  tax  receipts  as  provided  for  in  this  article,  and 
the  collector  shall  sign  both  of  such  receipts,  and  receive  the 
taxes  therein  indicated  ;  and  the  person  so  paying  his  delinquent 
taxes  shall  return  said  receipt  to  the  city  clerk,  who  shall 
countersign  the  same,  and  no  receipt  shall  be  valid  unless 
countersigned  by  the  city  clerk,  who  shall  then  mark  on  his  de- 
linquent tax  book  "paid"  opposite  to  the  property  described 
in  such  receipt,  and  charge  the  collector  with  the  amount  so  re- 
ceived by   him. 


4l8  REVISED  ORDINANCES. 

Sec.  665.  If  any  collector  shall  fail  to  return  the  delin- 
quent list  on  the  first  Monday  of  April,  as  provided,  he  shall 
forfeit  to  the  city  five  hundred  dollars,  to  be  recovered  by  civil 
action;  Provided,  that  the  city  council  may,  in  their  discretion, 
relieve  him  from  such  forfeiture. 

Sec.  666.  It  shall  be  the  duty  of  the  city  collector, 
under  the  supervision  of  the  committee  on  finance,  whenever 
any  taxes  may  be  due  the  city,  to  demand  payment  of  said 
taxes,  and  if  necessary  to  bring  suits  for  the  recovery  of  the 
same,  and  upon  the  recovery  thereof  to  pay  said  taxes  into  the 
city  treasury  and  the  mayor  shall  have  the  power  to  name  some 
competent  attorney  to  bring  suits  for  any  delinquent  taxes,  who 
shall  be  known  as  "special  tax  attorney." 


CHAPTER  30. 

SEAL    OF    CITY. 

Section  I    Section: 

667.   By  whom  kept.  1      668,   Design  and  style  of. 

Section  667.  There  shall  be  a  common  seal  for  the  city 
of  Sedalia,  and  the  city  clerk  shall  be  the  keeper  thereof. 

Sec.  668.  The  seal  of  the  City  of  Sedalia  shall  be  of  the 
ordmary  size,  and  so  engraved  as  to  represent  by  its  impres- 
sion the  device  of  an  eagle,  surrounded  by  the  words,  "Seal  of 
the  City  of  Sedalia,  Mo.,"  in  Roman  capitals. 


REVISED    ORDINANCES. 


419 


CHAPTER  3  I. 
SEWERS. 

ARTICLE  I.— Public  Sewers. 
ARTICLE  II.— District  Sewers. 
ARTICLE  III.— Sewer  Connections. 

ARTICLE  I. 

PUBLIC    SEWERS. 


Section 

669.  System  of  sewers  established, 
classes  of. 

670.  Maps,  plats,  profiles,  etc., 
what  to  govern. 

671.  "The  engineer"  in  specifica- 
tions, etc.,  meaning  of. 

672.  "As  indicated, "  meaning  of. 
673    Public  sewers,  construction  of 

to     be     in     accordance    with 
plans,  etc. 

674.  Labor,  material,  etc.,  con- 
tractor to  furnish,  engineer  to 
supervise. 

675.  Public  travel  and  safety,  pro- 
tection of,  water  pipes,  etc. 

676.  Damages  to  persons  or  prop- 
erty, who  liable  for,  work 
abandoned,  what. 

677.  Excavations,  manner  of  mak- 
ing. 

678.  Back  filling,  to  be  done,  how. 


Section 

679.  Trenching,  rules  governing. 

680.  Brick  masonry,   specifications 
for. 

681.  Mortar,  proportions  and  requi- 
sites of. 

682.  Concrete,      composition      and 
mixing  of. 

683.  Man   holes,    manner    of    con- 
struction, etc. 

684.  Foul  sewerage  system,  specifi- 
cations for. 

685.  Trenching,   manner  of  doiug. 

686.  Pipe-laying,  manner  and  spec- 
ifications. 

687.  Public    sewers,    contract    for, 
how  let,  etc. 

688.  Private  sewer,  how  connected 
with  public. 

689.  Violation     of    article,    misde- 
meanor. 


Section  669.  That  there  is  hereby  established  within  the 
City  of  Sedalia,  Missouri,  a  general  sewer  system,  which  shall 
be  divided  into  three  classes,  to-wit :  Public,  district,  and  pri- 
vate sewers.  All  sewers  which  shall  hereafter  be  made  and  con- 
structed in  the  streets  and  avenues  of   the  City  of  Sedalia,  and 


420  REVISED    ORDINANCES. 

not  specially  made  a  part  of  district  sewers,  in  or  over  private 
property,  and  established  by  special  ordinance  passed  by  the 
city  council,  shall  be  deemed  public  sewers.  All  sewers  that 
shall  hereafter  be  made  and  constructed  in  alleys  and  across 
streets  in  continuation  from  alley  to  alley,  under  ordinance  of 
the  city  council,  to  connect  with  public  sewers  in  streets,  or  with 
other  district  sewers,  shall  be  deemed  district  sewers;  and  all 
sewers  hereafter  made  and  constructed  upon  private  property 
and  connected  with  district  and  public  sewers  under  general  or- 
dinance, shall- be  deemed  private  sewers. 

Sec.  670.  That  the  maps,  plats,  profiles,  drawings, 
grades,  specifications  and  forms  and  contracts  prepared  by  City 
Engineer  J.  C.  Johnson  and  Consulting  Engineer  Geo.  P.  N. 
Sadler,  shall  be  filed  in  the  city  clerk's  ofifice  and  preserved  for 
future  reference,  and  shall  be  deemed  and  considered  as  a  basis 
of  the  sewer  system  established  by  section  669  of  this  article. 
And  all  calculations  and  contracts  for  the  construction  or  re- 
construction of  all  public  sewers  within  the  city,  shall  be  guided 
by,  and  based  upon,  said  maps,  plats,  profiles,  drawings,  grades, 
specifications  and  forms,  unless  specially  changed  or  other  or 
different  specifications  provided  by  ordinance. 

Sec.  671.  Whenever  the  words  "the  engineer"  appear 
in  specifications  and  ordinances,  they  shall  be  taken  to  mean  in 
all  cases  the  city  engineer,  or  any  subordinate  engineer  in  charge 
of  the  part  of  the  work  or  supply  referred  to.  In  case  of  dis- 
pute or  doubt  between  the  contractor  and  subordinate  engineer, 
reference  may  be  made  by  either  party  to  the  city  engineer, 
whose  decision  shall  be  final. 

Sec.  672.  Whenever  the  words  "as  indicated"  shall  ap- 
pear in  specifications  and  ordinances,  they  shall  be  taken  to 
mean  in  the  manner  described  in  the  specifications  as  shown  on 
the  drawings,  which  drawings  shall  be  filed  in  the  city  engi- 
neer's office. 

Sec.  673.  Public  sewers  are  to  be  built  of  materials, 
sizes  and  dimensions  with  the  connection,  inlets  and  man-holes 
on  the  lines,  at  a  depth,  and  in  the   manner  shown  on  the  plans 


REVISED    ORDINANCES. 


42  I 


to  be  filed  in  the  office  of  the  city  engineer.  All  dimensions, 
materials,  lines  and  grades  must  be  in  full  accordance  with  the 
plans.  All  necessary  junctions  for  the  connection  of  branch 
sewers,  and  all  pipes  for  house  connections,  are  to  be  built  on 
the  proposed  sewer  at  the  points  indicated  on  the  plan  of  work. 
The  contractor  will  be  furnished  with  a  complete  set  of  tracings 
showing  all  the  details  and  dimensions  necessary  to  carry  on  the 
work.  Dimensions  given  thereon  in  figures  are  to  have  the 
preference  over  the  scale ;  such  plans  and  a  copy  of  the  specifi- 
cations are  to  be  kept  constantly  on  the  work  by  the  contractor 
or  his  authorized  foreman.  The  plans  and  specifications  are  in- 
tended to  include  whatever  may  be  requisite  to  render  the  work 
complete,  and  should  anything  be  accidentally  orriitted,  the 
same  shall  be  done  by  the  contractor  without  charge,  or  by 
agreement  as  to  the  cost.  No  deviations  from  the  drawings  or 
specifications  will  be  allowed,  unless  a  written  direction  shall 
have  previously  been  given  to  the  contractor  by  the  engineer. 
The  engineer  will  give  the  lines  and  grades  for  the  construction 
of  the  work,  and  the  contractor  will  be  required  to  preserve  all 
stakes,  bench  marks,  etc.,  made  or  established  on  the  line  of 
the  work,  until  authorized  to  remove  the  same. 

Sec.  674.  The  contractor  shall  furnish  all  labor,  mate- 
rials, tools  and  plant  necessary  to  complete  the  entire  work  in 
the  best  possible  manner.  He  shall  employ  only  faithful  labor- 
ers and  skilled  mechanics.  All  materials  furnished  and  all  work 
done,  which  in  the  opinion  of  the  city  engineer,  shall  not  be  in 
accordance  with  the  specifications,  shall  be  immediately  re- 
moved, and  other  materials  provided,  and  work  done  which 
shall  be  in  accordance  therewith.  If  any  difference  or  dispute 
shall  arise  as  to  the  efficiency  of  labor,  or  the  quality  of 
material  employed,  or  used,  they  shall  be  settled  by  the  en- 
gineer, whose  decision  shall  be  final. 

Sec.  675.  All  material  excavated  or  delivered  shall  be 
placed  where  directed,  so  as  to  interfere  as  little  as  possible 
with  travel.  The  contractor  shall  furnish  and  maintain  all  nec- 
essary fences  and  bridgeways,  and   shall   place   sufficient   lights 


422  REVISED  ORDINANCES. 

in  or  near  the  work,  and  keep  them  burning  from  twilight  till 
sunrise,  and  provide  watchmen  for  the  safety  of  the  public, 
whenever  deemed  necessary  by  the  engineer.  The  contractor 
is  required  to  sling,  shore  up  and  secure  in  their  places,  all 
water,  sewer  and  gas  pipes  in  such  manner  as  shall  secure  them 
from  injury,  and  to  provide  and  maintain  the  flow  of  drainage, 
and  water  courses,  whether  on  the  ground  or  under  the  same, 
which  may  be  interrupted  during,  and  by  the  progress  of  the 
work.  Whenever  it  becomes  necessary  to  remove  pipes  or 
drains  from  their  positions,  they  shall  be  cared  for  by  the  con- 
tractor at  his  own  expense.  All  gutter,  flag  and  paving  stones 
which  have  been  displaced  by  the  work,  are  required  to  be  re- 
set. Should  any  stone  be  unf't  to  be  reset,  of  which  the  en- 
gineer shall  be  the  judge,  new  stone  shall  be  furnished  and 
delivered  on  the  ground  by  the  city,  and  set  in  place  by  the 
contractor. 

Sec.  676.  The  contractor  shall  be  responsible  for  all  in- 
juries to  water,  gas  pipe,  or  other  structures  met  with  in  the 
prosecution  of  the  work,  and  shall  be  liable  for  damages  to 
public  and  private  property  resulting  therefrom,  which  amount 
may  be  deducted  from  any  estimates  due  him.  The  contract- 
or shall  assume  all  responsibility  for  loss,  damage  or  injury,  to 
persons  or  property  arising  out  of  the  nature  of  the  work, 
from  the  action  of  the  elements,  or  from  unforeseen  or  unusual 
difificultie^.  The  contractor  shall  indemnify  and  save  harmless 
the  City  of  Sedalia,  Missouri,  from  all  suits  or  actions  of  every 
name  and  description  brought  against  it,  for,  or  on  account  of 
any  damages  or  injuries  received  or  sustained  by  any  party  or 
parties,  by  or  from  the  contractor,  his  agents  or  servants,  in  the 
performance  of  the  work  under  his  agreement.  If  the  con- 
tractor shall  abandon  the  work  under  his  agreement,  or  if  at 
any  time  the  engineer  shall  be  of  the  opinion,  and  shall  so 
certify  in  writing  to  the  contractor  and  city  council,  that  the 
whole  work,  or  any  part  of  it,  is  unnecessarily  delayed,  or  that 
the  contractor  is  willfully  violating  any  of  the  conditions  or  cov- 
enants of  his  contracts,  or  executing  the  same   in  bad  taith,  his 


REVISED  ORDINA.NCES. 


423 


contract  shall  become  null  and  void,  and  the  security  bonds 
forfeited,  and  materials  delivered  and  built  into  the  works  shall 
be  the  property  of  the  City  of  Sedalia. 

Sec.  677.  The  ground  shall  be  excavated  in  open  trench 
of  the  necessary  width  and  depth.  The  trench,  except  in  rock 
excavations,  shall  be  opened  from  the  surface  of  the  ground  to 
the  level  of  the  horizontal  diameter  of  the  sewer  to  a  uniform 
width.  Below  this  level  the  ground  shall  be  excavated  to  the 
exact  curve  of  the  exterior  circumference  of  the  sewer  or  of 
other  form  or  depth  as  the  engineer  shall  direct.  A  trench  to 
receive  a  tile  drain  shall  be  excavated  to  a  true  line  below  the 
lowest  exterior  line  of  the  sewer,  whenever  such  tile  drain  shall 
be  directed  by  the  engineer.  The  sides  of  the  excavation  shall 
be  supported  by  suitable  sheet  piling  or  planking  and  shoring 
whenever  necessary.  All  irregularities  in  the  bottom  of  the 
trench  shall  be  filled  up  to  the  required  level,  as  indicated,  with 
gravel,  sand  or  earth,  firmly  rammed  in,  or  with  concrete,  as 
the  engineer  shall  direct.  The  contractor  shall  excavate  the 
trench  to  such  increased  depth  as  the  engineer  may  decide  to 
be  necessary,  and  shall  bring  it  up  to  the  required  level,  and 
form  With  such  material  and  in  such  manner  as  the  engineershall 
determine. 

Sec.  678.  In  back-filling  great  care  should  be  taken  not 
to  disturb  the  pipes  by  throwing  earth  upon  them  from  the  top 
of  the  ditch,  or  by  the  side  of  them  until  a  covering  of  at  least  two 
feet  has  been  made.  After  a  small  portion  of  the  pipe  has  been 
covered  to  the  depth  of  two  feet,  a  man  will  stand  on  the  filling 
and  will  continue  this  depth  of  two  feet  along  the  line  of  the 
sewer,  by  carefully  placing  over  the  pipes  in  front  or  before  him 
such  fine,  dry  earth  as  shall  be  shoveled  to  him  by  a  man  above. 
In  completing  the  filling  over  the  first  two  feet,  earth  will  be 
rammed  with  a  pavart  rammer.  In  covering  streets,  sidewalks, 
gutters  and  alleys  that  are  paved,  the  number  of  men  that  are 
back-filling  shall  not  be  more  than  that  of  those  ramming;  and 
when,  in  the  opinion  of  the  engineer  in  charge,  necessary,  the 
street  at  crossings  of   sewers  shall  be  planked.      Other  portions 


424  REVISED    ORDINANCES. 

of  the  sewers,  the  back-filling  to  be  rammed,  but  not  with  so 
much  care.  The  battoning,  pipe-laying,  and  the  first  two  feet 
of  back-filling,  will  be  under  the  immediate  supervision  of  the 
inspector,  who  will  also,  in  a  general  way,  see  that  the  remain- 
der of  the  back-filling  is  properly  done. 

Sec.  679.  No  more  than  200  feet  of  trench  shall  be 
opened  at  any  one  time  in  advance  of  the  complete  building  of 
the  sewer,  and  the  complete  filling  to  the  surface  of  the  same, 
unless  by  written  order  of  the  engineer  and  for  the  distance 
therein  specified.  The  re-grading,  re-paving,  re-macadamizing 
and  re-constructing,  as  the  case  may  be,  shall  be  completed  at 
all  times  to  within  200  feet  of  the  completed  brick-work  of  the 
sewer  and  all  surplus  earth,  sand  or  rubbish,  beyond  that  dis- 
tance, shall  be  immediately  removed. 

Sec.  6S0.  All  brick  must  be  of  the  best  quality,  hard 
burned,  free  from  all  cracks  and  warped  surface;  they  must  give 
a  clear,  ringing  sound  '.vhen  struck  together;  only  whole  bricks 
will  be  used,  except  in  closing  circles,  all  bats  being  immediate- 
ly removed  from  the  work.  All  bricks  to  be  thoroughly  wet  by 
dipping  immediately  before  laying;  every  brick  shall  be  laid  in 
a  full  joint  of  mortar  on  its  bed,  end  and  side  at  one  operation; 
no  mortar  to  be  slushed  or  grouted  in  afterwards. 

Sec.  681.  In  these  specifications  mortar  means  one  part 
of  Portland  cement  and  four  parts  of  clean,  sharp  sand,  entire- 
ly free  from  loam,  and  the  sand  must  be  washed,  if  necessary, 
to  insure  this.  All  mortar  must  be  thoroughly  mixed  dry,  and 
wet  only  as  required  for  immediate  use,  in  a  proper  vessel,  or  on 
a  tight  flooring,  in  no  case  on  the  pavement  or  ground  ;  cement 
to  stand  100  pounds  intension,  24  hours'  test. 

Sec.  682.  Concrete  shall  be  composed  of  one  part  mor- 
tar, as  above  described,  two  and  one-half  parts  clean  broken 
stones,  free  from  dust  or  dirt,  and  broken  to  pass  through  a 
two-inch  ring;  it  shall  be  quickly  and  thoroughly  mixed  and 
deposited  in  layers  not  exceeding  nine  inches  thick,  rammed 
slightly  to  bring  the  water  to  the  surface  when  laid,  it  must  not 
be   disturbed  till   well  set.      All  gravel  and  broken  stone  that  is 


REVISED  ORDINANCES.  425 

dusty  or  dirty,  must  be  thoroughly  screened  or  washed;  any 
piles  having  any  mixture  of  dirt,  or  of  stone  over  size  will  bo 
rejected. 

Sec.  683.  Man-holes  will  be  built  at  points  indicated  on 
the  drawings  or  as  directed  by  the  engineer.  The  brick  work 
will  be  carried  up  within  eighteen  inches  of  the  grade  of  the 
street,  from  the  templets  set  at  top  and  bottom,  and  connected 
by  lines,  wrought-iron  rods,  good  quality,  built  in  each  sixth 
course  of  the  brick  for  ladder  size  and  shape  given  in  drawing. 
A  cast-iron  man-hole  and  cover  with  ventilation  properly  fitted 
on  each  man-hole ;  each  man-hole  completed  as  the  work  pro- 
gresses to  them.  When  it  may  be  necessary  for  the  contractor 
to  do  night  work,  to  insure  the  expedition  of  the  contract,  he 
shall  notify  the  engineer,  so  that  such  work  may  be  properly 
inspected,  and  whenever  a  greater  length  of  trench  is  found 
desirable  to  be  opened  at  one  time,  or  intermediate  sections 
are  desired,  the  consent  of  the  engineer  will  be  required. 
So  far  as  applicable  these  specifications  will  extend  to  the  con- 
struction of  the  district  or  foul  sewerage  system  and  any  omis- 
sion may  be  corrected  by  the  engineer  and  contractor  in  general 
accord  with  their  meaning  and  intent. 

Sec.  684.  The  laterals  are  to  be  of  the  best  quality  of 
vitrified  pipe,  each  length  to  be  inspected  before  hauled  to  the 
work,  and  any  pipe  that  is  materially  out  of  a  true  circle,  rough 
or  defective  inside,  or  with  imperfections  in  the  bowls  or 
spigots,  that  would  hinder  them  being  properly  joined,  shall  be 
rejected,  pipes  slightly  curved  may  be  used  in  passing  curves  in 
the  line,  but  not  elsewhere;  lumps,  bubbles  or  imperfect  glaz- 
ing on  the  inside  must  cause  rejection.  All  sockets  must  be 
large  enough  to  take  all  spigots  and  leave  sufificient  room  for  a 
gasket  to  be  pressed  in  all  round,  when  the  pipes  are  held  con- 
centric by  the  adjuster.  Brick  and  concrete  work,  and  materials 
generally  must  be  in  accordance  with  other  sewerage  specifica- 
tions. Gaskets  of  oakum  or  jute  will  be  pressed  into  all  joints 
so  as  to  prevent  all  intrusion  of  cement  to  the  interior  of  the 
pipe. 


426  REVISED  ORDINANCES. 

Sec.  685.  The  line  of  the  completed  sewer  will  be  indi- 
cated by  stubs  or  grade  pegs,  set  away  from  it  as  may  be 
determined  by  the  engineer  so  that  they  may  remain  undisturb- 
ed during  the  work ;  any  replacement  of  such  pegs  made  neces- 
sary by  the  carelessness  of  the  contractor  or  his  employees,  will 
be  at  his  expense.  All  trenches  to  be  dug  to  such  width  as  to 
leave  a  clear  space  of  four  inches  on  each  side  of  the  bell  of  the 
pipe,  whenever  bracing  is  required  to  secure  the  ground  against 
caving  and  sliding  this  breadth  must  be  kept  inside  of  such 
work.  The  finest  and  best  earth  must  be  thrown  to  one  side 
for  covering  the  pipes,  the  coarser  materials  kept  separate,  so 
that  none  of  it  shall  come  in  contact  with  the  pipes.  The 
trench  must  not  be  encavated  more  than  one  hundred  feet  in 
advance  of  the  pipe  laying,  nor  left  unfilled  more  than  one  hun- 
dred feet  behind  it,  unless  by  permission  of  the  engineer  in  each 
case.  Special  provisions  must  be  taken  to  insure  the  safety  of 
buildings  and  property  near  the  excavation.  Trenches  will  be 
excavated  first  to  within  four  inches  of  final  grade,  the  remain- 
der of  the  earth  being  taken  out  not  more  than  ten  feet  in  ad- 
vance of  the  pipe  laying  by  men  selected  for  skill  in  grading. 
The  grade  at  the  bottom  will  be  obtained  by  measuring  down 
from  cross  pieces  placed  horizontally  on  top  of  the  grade 
pegs,  which  must  be  placed  not  more  the  fifty  feet  apart,  the 
depth  of  cutting  being  marked  on  the  stubs;  all  intermediate 
points  in  the  grade  will  be  determined  by  the  use  of  boning 
rods.  Should  the  trench  be  excavated  below  the  grade,  it 
must  be  filled  with  sand  or  dry  earth,  thoroughly  rammed  to 
prevent  settling. 

Sec.  686.  Whenever  practicable  lay  pipes  from  the  upper 
end,  to  the  line  downwards.  In  addition  to  the  first  inspection, 
all  pipes  must  be  examined  before  placing  in  the  trench,  and 
carefully  watched,  so  that  they  will  form  a  true  line  of  sewer; 
pipes  found  imperfect  must  be  rejected;  although  they  may 
have  passed  a  previous  inspection.  Special  care  must  be  taken 
to  lay  all  pipes  to  exact  grade.  In  six  and  seven  inch  pipes 
the  connection  of  each  two  pipes  must  be   made  true,  and  kept 


REVISED  ORDINANCES.  427 

in  place  by  the  adjuster,  till  the  gasket  has  been  pressed  in  en- 
tirely around,  and  the  pipes  so  secured  against  dropping  or 
other  movements,  as  well  as  to  guard  against  the  intrusion  of 
cement.  No  joint  should  be  cemented  until  the  gasketing  of 
the  next  joint  in  advance  has  been  finished.  The  cement  mor- 
tar must  be  so  pressed  into  the  joint  as  to  entirely  fill  it,  espec- 
ial care  being  taken  at  the  bottom,  and  filled  to  a  level  joint 
neatly  all  around.  Before  each  pipe  is  laid  the  bottom  must  be 
excavated  below  the  depth  required  to  receive  the  socket,  so 
that  the  length  of  the  pipe  will  rest  firmly  on  the  graded  bot- 
tom of  the  trench.  After  the  joint  has  been  made,  this  exca- 
vation must  be  filled  with  sand,  or  fine  earth  to  support  the 
mortar  firmly  in  its  place.  The  joint  being  finished,  great  care 
must  be  taken  not  to  disturb  the  pipes  by  stepping  on  them  or 
throwing  earth  on  them  from  the  banks.  Water  must  not  be 
allowed  to  accumulate  in  the  trench  so  as  to  soften  the  bottom 
or  injure  the  joints  during  construction.  The  Y  branches  for 
house  connections  must  be  set  as  nearly  as  possible  at  the  joints 
indicated  by  the  engineer,  and  their  exact  position  shown  by 
stakes  driven  by  a  plumb  line  on  the  bank  above  them;  an 
exact  record  of  their  position  by  measurement  shall  also  be  kept 
and  furnished  the  engineer,  and  any  neglect  to  comply  fully 
with  this  condition  will  forfeit  payment  for  work  without  giving 
the  contractor  any  credit  for  such  unrecorded  work.  The  upper 
end  of  all  pipes,  including  the  Y  branches,  must  be  closed  with 
an  earthenware  cap  or  disc  of  sheet  iron,  and  the  socket  filled 
with  lime  mortar;  the  caps  or  disc  must  completely  cover  the 
opening  in  the  pipe  and  must  be  held  in  position  till  the  socket 
is  filled.  At  each  one  hundred  feet  in  the  course  of  all  sewers 
of  a  less  diameter  than  twelve  inches,  a  length  of  pipe  must  be 
used  having  a  hand  hole  covered  with  an  earthen  cap.  or  plate 
of  sheet  iron  fastened  with  lime  mortar,  this  being  done  before 
the  pipe  is  lowered.  Every  third  one  of  these  is  to  have  its 
cup  filled  with  a  branch  the  same  size  as  the  sewer,  and  a  pipe 
of  the  same  diameter  of  the  sewer,  carried  to  within  two  feet 
of  the  top  of  the  ground.     The  exact   position  of  these  hand 


428  REVISED  ORDINANCES. 

holes  and  stand  pipes  must  be  indicated  by  stakes  and  recorded, 
as  provided  for  in  house  connections.  When  removing  any 
of  these  caps  for  inspection  or  connections,  great  care  must  be 
taken  to  prevent  the  entrance  of  cement,  earth,  etc.,  into  the 
sewer.  The  exact  grade  of  pipes  larger  than  eight  inches  will 
be  obtained  by  the  use  of  a  straight  edge  laid  on  the  inside 
bottom  of  the  pipes,  and  running  forward  to  grade  pegs,  set  in 
bottom  of  trench.  When  the  bottom  of  the  trench  is  so  soft  as 
to  endanger  the  settling  of  the  pipes  they  will  be  supported  by 
saddle  piles  of  inch  boards,  driven  into  the  ground,  using  the 
piles  for  each 'joint,  the  same  work  may  facilitate  pipe  laying, 
where  the  ground  has  become  soft  by  walking  on  it.  When 
the  trench  is  left  for  the  night  the  pipes  must  be  closed  water 
tight,  and  also  when  the  work  is  stopped  for  rain  storms.  Back 
filling  and  under  draining  will  be  done  in  the  same  manner  as  in 
large  sewers.  The  requirement  of  under  draining  to  be  de- 
termined by  the  engineer,  either  before  contracting  or  on  inspec- 
tion, and  a  price  per  foot  will  be  made  tor  under  draining  dis- 
tinct from  other  work,  such  drain  till  will  be  of  size  and  laid  as 
the  engineer  may  direct. 

Sec.  687.  Public  sewers  shall  be  constructed  under  con- 
tracts let  by  the  city  council,  under  the  provisions  and  in  ac- 
cordance vj-ith  this  article,  and  in  sections  of  such  length  and 
size,  as  may  be  determined  upon  from  time  to  time  by  the 
council;  and  the  council  shall  have  the  right  to  terminate 
or  suspend  any  such  contract  let  for  the  lack  of  sufificient  funds, 
or  for  any  other  good  cause. 

Sec.  688.  Any  one  or  more  private  sewers  may  connect 
with  any  public  or  district  sewer  at  regular  inlets  only,  and  un- 
der the  direction  of  the  city  engineer,  by  any  licensed  plummer 
who  has  executed  to  the  city  a  proper  indemnity  bond,  upon 
the  owner  of  such  private  sewer  paying  into  the  city  treasury 
the  sum  of  one  dollar,  and  whenever  the  treasurer's  receipt  is 
presented  to  the  city  engineer  for  such  payment,  it  shall  be  the 
duty  of  the  city  engineer  to  issue  a  permit  for  such  connections, 
which  permit  shall  give  the  name  of  the  plumber,  and  place  of 


REVISED  ORDINANCES.  429 

such  connection,  and  limit  the  time,  not  to  exceed  thirty  days, 
in  which  said  work  shall  be  done.  But  such  connections  shall 
not  be  deemed  private  property,  but  shall  always  be  under  the 
control  of  the  city  council. 

Sec.  689.  Any  person  who  shall  willfully  injure  or  destroy 
any  public,  district  or  private  sewer  in  this  city,  or  any  part 
thereof,  or  who  shall  connect  with  any  sewer  in  violation  of 
any  provisions  of  this  article,  or  who  shall  in  any  other  manner 
willfully  violate  any  of  the  provisions  of  this  article,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof, 
punished  by  a  fine  of  not  less  than  five  nor  more  than  one  hun- 
dred dollars,  or  by  imprisonment  in  the  city  jail  not  to  exceed 
three  months,  or  by  both  such  fine  and  imprisonment. 


430 


REVISED  ORDINANCES. 


ARTICLE  II. 

DISTRICT     SEWERS. 


Section 

690.  Construction  of,  how  governed. 

691.  Boundaries,    dimensions,   etc., 
how  fixed. 

692.  Plans,   specifications,   etc.,  en- 
gineer to  prepare. 

693.  Line  of,  engineer  to  stake,  etc 

694.  Trenches,  rules  concerning. 

695.  Contractor,  degree    of  respon- 
sibility— To   repair  street,  etc. 

696.  Water  and  gas  pipes,  how  pro- 
tected. 

697.  Streets,  gutter,  etc.,  not  to  be 
obstructed. 

698.  Railings,  red  lights,  etc.,  to  be 
put  up. 

699.  Trench,  opening  of  in  advance. 

700.  Water  in  trench,  etc.,  to  be  re- 
moved. 

701 .  Depth  of  trench  to  be  increased, 

when. 

702.  Sewers  six  feet  and  less  diam- 
eter, construction  of. 

703.  Man  holes,  catch  basins,  flush 
tanks,  construction  of. 

704.  Bricks  and  masonry,  requisites 
concerning. 

705.  Cement,  qualities  of,  etc. 

706.  Mortar,  requirements  of. 

707.  Concrete,  specifications  of. 

708.  Pipes,  quality  of 

709.  Pipes,  manner  of  laying. 

710.  Joints,  how  made,  etc. 


Section 

711.  Filling,  manner  of,  etc. 

712.  Deficiency  in  filling  material, 
contractor  to  furnish,  etc. 

713.  Sewers,  depth  to  be  covered — 

"Y"  branches,  setting  of. 

714.  Lamp  hole,  how  made. 

715.  Sewer,   how    measured — Engi- 

neer to  superintend  work  and 
material,  reject  same,  etc, 
when. 

716.  Engineer,  power  to  discharge 
workmen,  reject  work,  make 
final  decision,  etc. 

717.  Engineer,  may  take  charge 
and  complete  work,  when — 
Costs  of,  how  paid — May  make 
alterations,  how. 

718.  Contract,  not  to  be  sublet  only 
by  consent,  etc. 

719.  Contractor,  responsibility  of. 

720.  Payment,  to  be  in  special  tax 
bills. 

721.  Maps,  plans,  profiles,  etc.,  on 
file  with  engineer,  basis  of 
sewers. 

722.  "The  engineer"  and  "as  indi- 
cated," meaning  of. 

723.  Contracts  for,  how  let,  etc. 

724.  Special  tax  bills,  apportion- 
ment, etc.,  lien  on  property. 

725.  Control  of  sewer,  city  to  have. 


Sec.  690.  The  construction  of  all  district  sewers  within 
the  city  shall  be  controlled  and  governed  by  this  article,  except 
so  far  as  may  hereafter  be  otherwise  specially  provided  in  the 
ordinances  locating  and  providing  for  the  construction  of  any 
such  district  sewers. 

Sec.  691.  The  boundaries  of  all  sewer  districts  and  the 
location  of  all  district  sewers  shall  be  fixed  from  time  to  time 
by  ordinance,  and  each  ordinance  providing  for  the  construction 
of  a  district  sewer  shall  specify  the  size  or  diameter,  and  the 
kind  or  character  of  material  of  the  different  parts  of  such  dis- 
trict sewers. 


REVISED  ORDINANCES. 


431 


Sec.  692.  The  city  engineer  shall  have  general  charge  of 
the  construction  of  all  district  sewers,  and  shall  superintend  the 
same.  It  is  hereby  made  his  duty  to  prepare  the  necessary 
and  proper  plats,  plans,  profiles  and  estimates  for  each  district 
sewer,  and  to  file  the  same  in  his  ofifice  before  the  passage  of 
the  ordinance  providing  for  the  construction  of  such  district 
sewer. 

Sec.  693.  All  sewers  shall  be  located  on  the  lines  shown 
on  the  plans  of  the  work,  and  shall  be  staked  out  by  the  city 
engineer,  and  the  contraccor  shall  be  required  to  carefully  pre- 
serve all  stakes  until  permission  is  given  by  the  city  engineer  to 
remove  the  same. 

Sec.  694.  The  trenches  shall  be  excavated  to  the  neces- 
sary depths  and  widths,  and  at  half  the  diameter  of  the  pipe 
from  the  bottom  of  the  trench  shall  be  one  foot  wider  than  the 
greatest  horizontal  diameter  of  the  pipe  to  be  laid  therein,  and 
under  such  other  regulations  as  may  be  deemed  necessary  by 
the  city  engineer.  The  sides  of  the  trenches  shall  be  supported 
by  suitable  sheeting,  planking  and  shoring  wherever  necessary, 
and  only  that  left  in  by  order  of  the  engineer  and  in  such  man- 
ner as  he  may  direct,  for  the  protection  of  pipes,  buildings, 
streets  or  other  structures,  will  be  paid  for  at  the  price  bid  per 
thousand  feet,  board  measure. 

Sec.  695.  The  contractor  shall  construct  district  sewers  as 
hereinafter  provided,  and  shall  be  responsible  as  by  law  pro- 
vided, except  that  he  shall  be  responsible  for  the  very  slightest 
negligence,  and  he  shall  be  held  to  the  very  highest  degree  of 
diligence  for  any  damage  done  to  private  persons,  and  such 
contractor  shall  be  required,  without  cost  to  the  city,  to  replace 
all  pavements,  crossings  or  sidewalks,  or  any  other  public 
property  that  may  be  displaced  or  injured,  and  he  shall  remove 
from  the  street  all  surplus  material,  rubbish  or  other  impedi- 
ment immediately  after  the  completion  of  the  work  and  shall 
put  the  street  in  as  good  condition  as  the  same  was  found 
to   be. 


432  REVISED  ORDINANCES. 

Sec.  696.  The  contractor  shall  be  required  to  sustain  by 
timbers  and  sufficient  chains,  all  water  or  gas  pipes,  which  may 
be  in  any  way  effected  by  the  work,  and  to  do  everything  nec- 
essary to  protect,  support  and  sustain  said  water  or  gas  pipes, 
lamp  posts,  service  pipes,  and  other  fixtures  laid  along  side  or 
across  the  street. 

Sec.  697.  The  contractor  shall  make  provisions,  as  far 
as  possible,  for  the  free  passage  of  vehicles  and  foot  passengers 
and  shall  not  obstruct  unnecessarily  the  gutters  of  the  street, 
nor  prevent  in  any  manner  the  flow  of  water  in  the  same. 

Sec.  698  The  contractor  shall  erect  and  keep  erected  a 
fence  or  railing  around  the  excavation,  if  required,  or  if  neces- 
sary, whether  required  or  not,  and  shall  place  sufficient  red 
lights  on  or  near  the  work  and  keep  them  burning  from  twi- 
light in  the  evening  until  sunrise  and  shall  employ  a  watchman 
as  an  additional  security  whenever  the  same  may  be  necessary 
and  required  by  the  engineer,  and  he  shall  be  held  responsible 
for  any  damage  that  any  party  or  the  city  may  sustain  in  con- 
sequence of  neglecting  the  necessary  precaution  in  protecting 
the  work,  whether  required  by  the  engineer  to  take  such  pre- 
caution or  not. 

Sec.  699.  No  more  than  500  feet  of  trench  shall  be  open 
at  any  time  in  advance  of  the  completed  portion  of  the  sewer, 
unless  by  the  written  consent  of  the  engineer  and  for  the  dis- 
tance therein  specified. 

Sec.  700.  The  contractor  shall  pump  out  or  otherwise  re- 
move any  water  which  may  be  found  or  shall  accumulate  in  the 
trenches,  and  shall  perform  all  other  work  necessary  to  keep  the 
excavation  clear  of  water.  No  work  shall  be  allowed  to  be  laid 
in  water  and  no  water  will  be  allowed  for  any  work  unless  per- 
mission is  given  by  the  engineer. 

Sec.  701.  Whenever,  in  the  judgment  of  the  engineer, 
the  natural  bottom  is  not  a  suitable  one  on  which  to  build  the 
sewer,  the  contractor  shall  excavate  a  trench  to  such  increased 
depth  as  the  engineer  shall  decide  to  be  necessary  and  shall 
bring  it  up  to  the  required    level    and   form,  with   such   material 


REVISED    ORDINANCES.  433 

and  in  such  manner  as  the  engineer  shall  determine,  and  if  the 
price  for  such  extra  foundation  is  not  in  the  schedule  then  the 
price  shall  be  determined  as  provided  in  the  specifications. 

Sec.  702.  All  district  sewers  of  six  feet  or  over,  internal 
diameter,  shall  be  constructed  of  three  rings  of  brick  all  laid  as 
stretchers  and  all  sewers  less  than  six  feet  and  over  two  feet, 
internal  diameter,  of  two  rings  of  brick  all  laid  as  stretchers,  and 
all  sewers  two  feet  or  less,  internal  diameter,  shall  be  constructed 
of  hard  burned,  double  strength  vitrified  tile  pipe. 

Sec.  703.  All  man  holes,  catch  basins  and  flush  tanks 
shall  be  made  in  the  manner  shown  on  the  plans  and  carried  up 
to  the  established  grade  line  of  the  street  or  alley,  where  the 
same  are  located.  The  joints  shall  be  struck  and  pointed  on 
the  inside  and  the  outside  plastered  with  good  cement  mortar 
when  required.  The  foundation,  when  necessary,  shall  be  made 
of  concrete  to  a  depth  of  not  less  than  twelve  inches.  At  the 
head  of  each  district  sewer  and  branch  thereof,  of  over  i  ,000 
feet  in  length,  when  specially  provided  for  in  the  ordinances 
hereafter  establishing  district  sewers,  there  shall  be  constructed 
an  automatic  flush  tank  of  such  size  and  capacity,  and  provided 
with  such  valves,  appurtenances  and  water  connections  as  may 
be  designated  by  the  city  engineer.  There  shall  be  located  on 
each  district  sewer,  or  branch  thereof,  either  a  man  hole  or  lamp 
hole  at  intervals  not  to  exceed  350  feet,  unless  otherwise  pro- 
vided in  the  several  ordinances  hereafter  establishing  district 
sewers.  Each  man  hole,  catch  basin  and  flush  tank  shall  be  pro- 
vided with  a  cast-iron  head  or  cover  of  such  dimensions,  size 
and  weight  as  may  be  specified  by  the  city  engineer. 

Sec.  704.  In  that  part  of  the  sewer  designated  as  di- 
rected to  be  a  brick  sewer  or  at  any  place  where  brick  shall  be 
required,  all  brick  must  be  of  the  best  quality,  hard  burned  and 
free  from  marks  and  cracks  and  warped  surfaces  and  they  must 
give  a  clear  ringing  sound  when  struck  together.  The  bricks 
will  be  culled  and  selected  as  they  are  brought  upon  the  ground, 
and  all  bricks  of  an  improper  quality  and  all  bats  must  be  im- 
mediately removed  from   the   same.      All   brick  shall   be  made 


434  REVISED    ORDINANCES. 

thoroughly  v^-et  by  dipping  immediately  before  they  are  laid, 
and  every  brick  shall  be  laid  in  a  full  joint  of  mortar  in  its  bed, 
ends  and  sides,  at  one  operation  and  no  mortar  shall  be  slushed 
or  grouted  in  afterwards. 

Sec,  705.  The  cement  used  in  the  work  shall  be  of  the 
best  quality  of  Louisville  hydraulic  cement  and  shall  be  kept 
under  cover  and  dry  until  used.  Cement  shall  be  fresh  ground 
and  shall  be  tested  and  accepted  by  the  city  engineer  before 
being  used  in  the  work.  Cement  will  be  required  to  stand  a 
tensile  strength  of  fifty  pounds  twenty-four  hours  after  mixing. 

Sec.  706.  All  mortar  shall  be  made  of  one  part,  by 
measure,  of  the  above  described  cement  and  two  parts,  by 
measure,  of  clean,  sharp  sand.  All  mortar  must  be  thoroughly 
mixed  dry  and  wet  only  as  required  for  immediate  use  in  a 
proper  box  made  for  the  purpose  and  in  no  case  upon  the  pave- 
ment or  ground. 

Sec.  707.  Concrete  shall  be  composed  of  one  part  of 
mortar  as  heretofore  described,  and  three  parts  of  clean,  broken 
stones,  free  from  dirt  or  dust,  and  broken  to  pass  through  a 
bung  two  inches  in  diameter,  the  whole  to  be  thoroughly  mixed 
in  a  box  dry,  according  to  the  directions  of  the  engineer,  and 
the  water  to  be  added  to  only  ?o  much  of  the  material  as  can  be 
used  at  once.  It  shall  immediately  be  laid  in  layers  of  not  less 
than  three  inches  in  thickness  and  shall  be  settled  into  its  place 
by  ramming  sufficient  to  flush  the  mortar  to  the  surface.  When 
in  place  all  wheeling,  working  or  walking  on  it  must  be  pre- 
vented until  sufificiently  set. 

Sec.  708.  Pipes  shall  be  of  the  best  quality  of  double 
strength  vitrified  clay  pipe  thoroughly  burned,  true  in  form  and 
free  from  warps,  ciacks,  soft  spots  or  imperfections  of  any  kind, 
uniform  in  texture,  and  shall  be  well  and  smoothly  salt  glazed 
in  the  best  manner  over  their  inner  and  outer  surface.  Pipes 
when  required  to  be  curved,  or  of  any  other  special  form,  shall 
be  furnished  and  laid. 

Sec.  709.  Each  pipe  is  to  be  laid  on  a  firm  bed  and  in 
perfect  conformity  with  the  lines   and   levels    given ;    the  bottom 


REVISED  ORDINANCES. 


435 


of  the  trench  under  each  socket  must  be  excavated;  the  pipes 
must  be  fitted  together  and  matched  before  being  lowered  into 
the  trench  so  as  tc  secure  the  truest  line  possible  on  the  bottom 
of  the  inside  pipes. 

Sec.  710.  When  laid  in  the  trench  the  joints  shall  be 
made  by  fitting  it  with  cement  mortar,  made  as  before  speci- 
fied ;  the  joint  shall  be  made  by  forming  a  bed  of  cement  of 
mortar  on  the  lower  half  of  the  socket  of  the  pipe  in  place, 
then  insert  the  next  joint,  forcing  the  end  to  a  contact  and  bed- 
ding down  in  the  mortar  in  such  a  manner  that  there  shall  be  no 
shoulder  or  want  of  uniformity  of  suiface  on  the  bottom  of  the 
interior  of  the  pipe.  Then  with  a  trowel  apply  the  mortar  to 
the  space  on  top  until  it  is  forced  through  to  the  inside;  tl.en 
wipe  the  joint  and  keep  the  pipe  clear  of  all  debris  and  mortar 
and  droppings. 

Sec.  711.  The  earth  filled  around  and  on  top  of  the 
pipes  shall  be  free  from  stone  or  other  hard  substance  of  over 
one  inch  in  diameter,  to  a  depth  of  one  foot  above  the  crown  of 
the  sewer  and  shall  be  thrown  in  with  a  shovel  and  not  dropped 
from  barrels  or  carts,  but  no  sewer  or  part  thereof  shall  be  cov- 
ered without  orders  from  the  engineer.  In  refilling,  the  earth 
shall  be  thoroughly  rammed  with  proper  tools  as  the  work  pro- 
gresses in  horizontal  layers  not  exceeding  twelve  inches  in 
thickness,  or  the  trench  may  be  packed  by  flushing  according  to 
the  direction  of  the  engineer.  Special  care  must  be  taken  in 
filling  around  the  pipes  to  keep  the  earth  at  the  same  height  on 
both  sides  of  it,  and  in  no  case  shall  the  number  of  men  refilling 
be  more  than  twice  the  number  of  those  ramming,  when  it  is 
not  thoroughly  flushed  with  water.  The  trench  must  in  all 
cases  be  filled  to  the  proper  grade  and  due  allowance  must  be 
made  for  the  settlement  of  the  materials  used  in  refilling. 

Sec.  712.  Should  there  be  a  deficiency  of  proper  mater- 
ial for  refilling,  the  contractor  shall  be  required  to  furnish  the 
same  at  his  own  expense,  and  in  all  cases  the  streets  and  alleys 
must  be  filled  to  the  same  height  as  they  previously  existed,  un- 
less the  engineer  shall  otherwise  direct. 


436  REVISED  ORDINANCES. 

Sec.  713.  All  sewers  and  foundaiions  when  completed 
shall  be  covered  with  not  less  than  two  feet  of  ear<h  at  any 
point.  The  "Y"  branches  for  house  connections  must  be  set 
as  nearly  as  possible  at  the  point  indicated  by  the  engineer  and 
their  exact  position  shown  by  stakes  driven  by  plumb  line  on  the 
bank  above  them.  All  "Y"  branches  must  have  a  proper 
socket  on  the  outer  end,  and  when  not  immediately  used  must 
be  closed  by  an  earthenware  cap  covered  over  with  cement. 

Sec.  714.  Lamp-holes  shall  be  made  by  turning  the 
branch  of  a  "T"  upward  at  the  point  designated  and  extending 
a  line  of  six  inch  pipe  upward  to  within  one  foot  of  the  grade  of 
the  street. 

Sec.  715.  The  sewer  shall  be  measured  on  the  center 
line.  The  contractor  is  to  furnish  all  labor,  meterial  and  tools 
necessary  to  execute  the  entire  work,  and  all  materials  must  be 
of  the  best  of  their  kind,  and  the  tools  such  as  to  do  the  work 
in  the  best  possible  manner.  All  materials  furnished  and  work 
done,  shall  be  inspected  and  if  not  in  accordance  with  the  speci- 
fications, will  be  rejected  and  shall  be  immediately  removed 
from  the  woik.  If  the  contractor  neglects  or  refuses  to  remove 
the  work  or  material  as  above,  when  ordered,  then  the  engineer 
shall  have  the  right  and  authority  to  stop  the  whole  work  at 
once,  and  employ  men  to  remove  the  work  or  material  at  the 
cost  and  expense  of  the  contractor.  The  work  shall  be  prose- 
cuted diligently  from  day  to  day  at  and  from  as  many  points, 
and  at  such  line  and  in  such  places  as  the  engineer  may  deter- 
mine. The  contractor  shall  furnish  necessary  facilities,  when  it 
is  deemed  advisable  to  make  an  examination  of  the  work 
already  completed ;  during  the  progress  and  until  the  accept- 
ance of  the  whole  work,  the  sewer,  man-holes,  etc.,  are  to  be 
kept  thoroughly  cleaned  and  before  the  work  will  be  considered 
finished,  all  unused  material  and  rubbish  due  to  the  construction 
of  the  work  must  be  removed,  and  curbs,  crosswalks,  pave- 
ments, sidewalks  and  all  other  public  or  private  property  dis- 
turbed or  damaged  must  be  restored  to  their  former  condition, 
and  all  to  the  satisfaction   of  the   engineer   m  charge.      During 


I 


REVISED  ORDINANCES. 


437 


freezing  weather  all  work  must  be  suspended,  and  the  work 
must  be  suitably  covered,  to  protect  and  preserve  it  from  all 
injury  from  the  weather  or  otherwise,  and  if  the  engineer  shall 
so  direct,  the  trenches  shall  be  filled  and  all  superfluous  earth 
removed. 

Sec.  716.  Work  must  be  commenced  ten  days  after  the 
contract  is  awarded,  and  shall  be  completed  within  such  time 
thereafter  as  shall  be  fixed  by  ordinance  or  contract,  or  such  fur- 
ther time  as  the  engineer  may  deem  reasonible.  The  work 
specified  herein  shall  be  executed  under  the  direction  and  su- 
pervision of  the  city  engineer  of  the  City  of  Sedalia,  and  his 
measurements  and  estimates  of  the  several  kinds  of  work  per- 
formed under  this  contract  shall  be  conclusive,  final  and  binding 
on  the  parties  thereto,  and  he  shall  have  the  power  to  reject  or 
condemn  all  work  which,  in  his  opinion,  does  not  fully  conform  to 
the  spirit  of  the  specif.cations,  and  said  engineershall  decide  every 
question  which  occurs  or  may  arise  between  the  parties  thereto, 
relative  to  the  execution  of  the  work,  and  his  decision  shall  be 
binding  and  final  It  is  provided,  however,  that  the  final  ac- 
ceptance of  the  work,  if  accepted,  shall  be  by  an  order  of  the 
city  council.  If  any  foreman,  agent,  mechanic  or  laborer  em- 
ployed by  the  contractor  shall,  in  the  opinion  of  the  engineer, 
execute  his  work  in  a  manner  not  in  accordance  with  the  speci- 
fications, or  prove  amiss  or  inadequate  to  the  performance  of 
his  duty,  or  disrespectful  or  riotous  in  his  conduct,  he  shall,  by 
the  direction  of  the  engineer,  be  discharged,  and  no  person  shall 
be  employed  on  the  work  in  the  capacity  of  foreman  or  over- 
seer who  has  previously  been  discharged  for  neglect  or  unfaith- 
fulness, in  respect  to  any  work  within  the  knowledge  of  the  con- 
tractor or  engineer.  Whenever  work  is  required  to  be  done, 
which  is  not  contemplated  or  covered  by  the  prices  bid,  the  en- 
gineer shall  fix  such  prices  as  he  shall  consider  just  and  equita- 
ble. The  parties  shall  abide  by  such  prices,  provided  the  con- 
tractor enters  upon  and  commences  such  work  with  the  full 
knowledge  of  the  price  so  fixed  by  the  engineer.  In  case  the 
contractor  refuses  to  perform  such  extra  work,  then  the  city  may 


438  REVISED  ORDINANCES. 

enter  into  a  contract  with  any  person  or  persons  for  its  execu- 
tion the  same  as  if  the  original  contract  had  never  existed  ;  and 
if  the  extra  work  not  provided  for  in  the  original  contract,  be 
performed  by  the  contractor  without  protest  or  notice  in  writing 
to  the  engineer  and  to  the  city,  before  prices  shall  have  been 
fixed  for  such  work,  then  the  engineer  shall  estimate  the  same 
at  such  prices  ^s  he  shall  deem  just  and  reasonable,  and  his  de- 
cision shall  be  final,  but  nothing  shall  be  deemed  extra  work 
that  can  be  measured  or  estimated  or  included  in  the  original 
contract. 

Sec.  717.  After  the  work  shall  have  begun  it  shall  be  car- 
ried on  regularly  with  such  a  force  as  to  secure  its  full  comple- 
tion within  the  time  agreed  upon,  but  should  the  work  be  de- 
layed or  interrupted  by  the  city,  the  contractor  shall  be  entitled 
to  an  extension  of  time  equal  to  the  time  of  such  delay  or  inter- 
ruption, and  no  charges  against  the  city  shall  be  made  by  the 
contractor  for  hindrance  or  delay.  It  is  further  understood  and 
agreed  that  on  a  failure  to  execute  the  work  or  furnish  material 
in  accordance  with  the  plans  and  specifications  to  the  satisfac- 
tion of  the  engineer,  or  to  proc  ed  with  sufficient  rapidity  to  se- 
cure its  completion  within  the  time  allowed  by  the  contractor, 
the  engineer  shall  have  the  right  and  power  to  enter  upon  and 
take  possession  of  the  work  and  provide  material  and  workmen 
sufficient  to  finish  said  work,  after  giving  three  days'  notice  in 
writing,  and  the  expense  of  such  work  shall  be  deducted  from 
the  contract  price,  and  if  the  sum  to  be  paid  shall  exceed  the 
sum  due  the  contractor  under  his  price,  then  the  contractor  and 
his  bondsmen  shall  become  liable,  and  on  demand  refund  to  the 
city  any  sum  by  which  the  expense  of  so  doing  the  work  shall  ex- 
ceed the  amount  due  under  the  contract.  The  city  engineer 
shall  have  the  right  to  make  any  alterations  in  the  line,  grade, 
plan,  form  or  quantity  of  the  work  contemplated,  either  before 
or  after  the  commencement  of  the  work.  If  such  alterations  di- 
minish the  quantity  of  work  to  be  done,  they  shall  not  consti- 
tute a  claim  for  damages  or  for  anticipated  profits  on  the  work 
dispensed  with.      If  they  increase  the  amount  of  work,  such  in- 


REVISED    ORDINANCES. 


439 


crease  shall  be  paid  for  according  to  the  quantity  actually  done, 
as  heretofore  described. 

Sec.  718.  The  contractor  shall  not  be  allowed  to  sub-let 
the  whole  or  any  part  of  the  work  without  special  permission 
from  the  city  engineer,  and  should  this  provision  be  violated, 
the  city  council  may,  at  their  option,  end  and  determine  the 
contract. 

Sec.  719.  The  contractor  shall  have  charge  of  and  be 
responsible  for  the  line  of  the  works  until  their  completion  and 
acceptance,  and  any  unfaithful  or  imperfect  work  that  may  be 
discovered  before  the  final  acceptance  of  the  work,  shall  be  cor- 
rected immediately  on  requirement  of  the  city  engineer,  not- 
withstanding that  it  may  have  been  overlooked  and  estimated. 
The  inspection  of  the  work  shall  not  relieve  the  contractor  from 
any  of  the  obligations  to  perform   the  work  as  herein  provided. 

Sec.  720.  Any  person  taking  any  contract  from  the  city 
of  Sedalia  to  do  work  under  the  provisions  of  this  article, 
agrees  to  be  paid  from  the  special  tax-bill  made  in  accordance 
with  the  provisions  of  the  ordinances  authorizing  such  improve- 
ments and  in  conformity  with  the  provisions  of  the  statutes 
made  and  provided. 

Sec.  721.  The  city  engineer  shall  prepare  general  plans 
and  drawings  of  man-holes,  lamp-holes,  flush  tanks  and  catch 
basins  and  covers  thereof,  and  submit  the  same  to  the  city 
council  for  inspection  and  approval.  Any  maps,  plans,  profiles, 
drawings,  grades  and  specifications,  filed  in  the  office  of  the 
city  engineer  or  to  be  provided  for  future  reference,  shall  be 
deemed  and  considered  as  the  basis  of  district  sewers,  provided 
for  by  ordinance;  and  all  calculations  and  contracts  for  the  con- 
struction of  district  sewers,  established  by  ordinances,  shall  be 
based  on  said  maps,  plans,  specifications,  drawings  and  grades, 
unless  specially  changed  thereafter  by  ordinance. 

Sec.  722.  Whenever  the  words  "the  engineer'"  appear  in 
the  specifications  and  ordinance,  they  shall  be  taken  to  mean 
the  city  engineer  in  all  cases,  or  his  authorized  assistant  or  any 
other  person  employed  by  the   city  council  to  superintend  such 


440  REVISED    ORDINANCES. 

work,  or  any  subordinate  engineer  or  person  put  by  the  city  en- 
gineer in  charge  of  a  part  of  the  work  or  supplies  referred  to, 
and  in  cases  of  dispute  or  doubt  between  the  contractor  and 
such  subordinates,  reference  may  be  made  by  either  party  to 
the  city  engineer,  whose  decision  shall  be  final.  Whenever  the 
words  "as  indicated"  appear  in  the  specifications  and  ordinance, 
they  shall  be  taken  to  mean  in  a  manner  described  in  the  speci- 
fications as  shown  on  the  drawings,  which  drawings  shall  be 
filed  in  the  city  engineer's  ofifice  and  are  a  part  thereof,  or  in 
accordance  with  the  general  tenor,  or  either  or  both  of  them  or 
with  proper  and  reasonable  deductions  therefrom. 

Sec.  723.  All  private  lands  over  which  a  district  sewer 
shall  pass  shall  be  condemned  for  district  sewer  purposes.  The 
city  engineer  shall  make  estimates  of  costs  of  district  sewers 
and  shall  file  the  same  immediately  and  thereafter  the  sewer  com- 
mittee shall  advertise  for  bids  for  the  construction  of  said  sewer, 
and  shall  report  such  bids  to  the  city  council,  and  the  city 
council  may  let  to  the  lowest  and  best  bidder  the  contract  for 
the  construction  of  such  district  sewer;  Provided,  however,  that 
such  advertisements  or  bids  shall  be  printed  for  ten  days  in  the 
paper  doing  the  city  printing. 

Sec.  724.  The  cost  of  district  sewers  provided  for  by 
ordinance,  shall  be  levied  and  assessed  as  a  special  tax 
against  the  lots  of  ground  in  said  sewer  district  exclusive  of  im- 
provements, in  proportion  to  the  area  of  the  whole  district,  ex- 
clusive of  the  public  highways;  as  soon  as  any  district  sewer 
shall  have  been  completed,  the  city  engineer,  or  other  ofilicer 
having  charge  of  the  same,  shall  compute  the  whole  cost 
thereof,  and  shall  apportion  the  same  against  the  lots  and  pieces 
of  ground,  exclusive  of  improvements,  in  proportion  to  the  area 
of  the  whole  district,  exclusive  of  the  public  highways,  and 
such  ofificer  shall  report  the  same  to  the  council  by  bill  or  other- 
wise, and  the  council  shall  thereupon  levy  and  assess  as  a 
special  tax,  by  ordinance,  against  each  lot  or  piece  of  ground 
within  the  district,  in  the  name  of  the  owner  thereof,  whereup- 
on  the    city    clerk   shall  make  out  a  certified  tax  bill,  under  the 


REVISED  ORDINANCES.  44  I 

seal  of  the  city,  of  such  assessment  against  each  lot  or  piece  of 
ground  within  the  district,  in  the  name  of  the  owner  thereof. 
Said  certified  tax  bills  shall  be  signed  by  the  mayor  and  attest- 
ed and  recorded  by  the  city  clerk,  and  shall  be  delivered  to  the 
contractor  for  the  work,  who  shall  receive  and  receipt  for  the 
same,  and  he  shall  proceed  to  collect  for  the  same  by  ordinary 
process  of  law,  in  the  name  of  the  city,  to  the  use  of  the  con- 
tractor, and  in  case  of  absent  owners,  he  may  sue  by  attach- 
ment or  by  any  other  process  known  to  the  law,  and  every  such 
certified  bill  shall  be  a  lien  against  the  lot  of  ground  described 
therein,  and  shall  bear  interest  at  the  rate  of  eight  per  cent, 
per  annum,  from  thirty  days  after  the  issue  thereof,  unless  soon- 
er offered  to  be  paid,  and  if  not  paid  or  offered  to  be  paid 
within  six  months  after  the  date  of  issue,  each  such  certified 
bill  shall  bear  interest  at  the  rate  of  fifteen  per  cent,  per  annum 
until  paid,  and  every  such  certified  bill  shall,  in  any  action 
brought  to  recover  the  amount  thereof,  be  prima  facie  evidence 
of  the  validity  of  the  charges  against  the  property  therein  de- 
scribed, and  of  the  liability  of  the  person  therein  named  as  the 
owner  of  such  property.  The  city  shall  incur  no  liability  for 
building  district  sewers  except  when  the  city  is  the  owner  of  a 
lot  of  ground  within  the  district,  and  in  that  case  the  city  shall 
be  liable  for  the  cost  of  said  sewers  in  the  same  manner  as 
other  property  owners  within  the  district. 

Sec.   725.      All  district  sewers  shall  be  at  all  times  under 
the  control  of  the  city. 


442 


REVISED  ORDINANCES. 


ARTICLE  III. 

SEWER    CONNECTIONS. 


Section 

726.  Pipes,    material'  of,   and   man- 
ner of  placing,  etc. 

727.  Engineer,  control  of,  to  grant 
permits,  etc. 

728.  Bond,  must  file  before  obtain- 
ing permit. 


Section 

729.  Work,  not  to  be  covered  until 
inspected. 

730.  Violation    of     article,    misde- 
meanor. 


Section  726.  All  drain  and  soil  pipes  through  which 
water  and  sewerage  are  carried  from  any  building,  shall  be  of 
iron  when  located  inside  of  any  building,  and  of  first  class  vit- 
rified tile  when  outside  and  under  ground,  and  shall  be  sound, 
free  from  holes  and  other  defects,  and  of  uniform  thickness  and  of 
a  size  and  strength  and  so  constructed  and  connected  at  all  joints 
as  to  be  entirely  free  from  any  possible  leakage  of  any  sewer- 
age or  water.  They  shall  be  securely  ironed  to  walls,  laid  in 
trenches  of  uniform  grade  or  suspended  to  floor  timbers  by  safe, 
strong  and  wrought  iron  hangers.  They  shall  be  supplied  with 
a  suitable  trap  outside  of  the  foundations  of  the  buildings,  and 
shall  have  a  proper  fall  of  not  less  than  one  fourth  of  an  inch 
per  foot  toward  sewer  or  drain  ;  all  changes  in  direction  shall 
be  made  with  covered  pipes,  and  connections  with  horizontal 
pipes  shall  be  made  with  Y  branches.  .  Each  house  drain  shall 
be  supplied  with  a  fresh  air  inlet  not  less  than  four  inches  in 
diameter  on  the  house  side  of  the  traps,  and  extending  to  the 
external  air.  Every  sink,  basin,  bathtub,  water  closet,  privy, 
slop-hopper,  each  set  of  trays,  and  every  fixture  having  a  waste 
pipe,  shall  be  placed  as  near  the  fixture  as  possible,  and  each 
and  every  trap  shall  have  a  special  ventilation  pipe  extending 
into  the  soil  pipe  above  the  highest  point  of  the  fixture,  or 
other  approved  sanitary  trap.  The  drains  from  hotels,  restau- 
rants or  boarding  houses,  where  cooking  for  more  than  thirty 
people  is  done,  shall  be  provided  with  a  suitable  and  approved 
grease  trap. 


REVISED  ORDINANCES.  443 

Sec.  727.  The  city  engineer  shall  have  a  supervisory 
control  over  all  connections  made  with  any  of  the  sewers  of  the 
city,  and  over  all  questions  directly  concerning  sanitary  sewer- 
age as  regards  all  questions  of  drainage,  and  his  decision  as  to 
the  sufificiency  of  work  done  and  material  used,  as  regards  the 
manner  and  completeness  of  the  work  and  quality  of  the  ma- 
terial, shall  be  final.  No  person  shall  make  any  connection 
with  any  of  the  city  sewers  without  having  first  filed  with  the 
city  engineer  a  written  application  for  a  permit,  in  which  he  or 
they  shall  state  from  what  lot  of  ground  or  building,  describing 
the  lot  of  ground  on  which  the  building  is  situated,  and  for 
what  purpose  he  desires  such  connection,  and  the  kind  of  ma- 
terial and  appliances  he  desires  to  use,  and  if  they  conforn>  ti.i 
the  ordinances  the  engineer  shall  issue  a  permit.  All  connec- 
tions which  have  heretofore  been  made  with  any  of  the  public 
or  district  sewers  and  are  in  a  condition  to  endanger  the  health 
of  persons  or  the  sanitary  condition  of  the  city,  are  hereby  con- 
demned, and  shall  be  when  connected,  done  according  to  the 
provisions  and  conditions  of  this  article. 

Sec.  728.  Every  person  desiring  to  make  any  sewer  con- 
nection with  any  of  the  public  or  district  sewers,  shall  at  the 
time  of  making  his  application  for  a  permit,  file  with  the 
city  clerk  his  bond,  with  one  or  more  solvent  securities,  in  the 
sum  of  fifty  dollars,  the  conditions  of  which  shall  be  that  he 
will  do  all  work,  and  provide  the  material  and  appliances  re- 
quired by  this  article,  for  the  purpose  of  making  such  connec- 
tion, and  that  he  will  do,  or  have  said  work  done  in  a  manner 
satisfactory  to  the  city  engineer,  and  that  he  or  they  will  cause 
all  excavations  to  be  properly  refilled  and  replaced  in  as  good 
condition  as  before  such  excavations  were  made,  as  near  as 
maybe;  Provided,  that  any  regularly  licensed  plumber  who 
has  given  bond  shall  not  be  required  to  give  additional  bond. 

Sec.  729.  Pipes  and  other  fixtures  shall  not  be  con- 
cealed from  view  until  after  the  work  shall  have  been  examined 
by  the  city  engineer,  and  he  shall  be  notified  by  the  person  do- 
ing the  work  when  it  is  suf=ficiently  advanced  for  inspection,  and 


444  REVISED  ORDINANCES. 

if  deemed  desirable  the    person    doing    the    work  shall  prepare 
said  work  for  test,  either  by  water  or  air  pressure. 

Sec.  730.  Any  person  who  shall  violate  any  of  the  pro- 
visions of  this  article,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof,  shall  be  fined  not  less  than  one, 
nor  more  than  one  hundred  dollars. 


CHAPTER  32. 

SUPPLIES. 


Section 

731.  Purchase  of,  etc.,  must  be  by 
order. 

732.  Order,  granted  only  on  requi- 
sition. 


Section 
733    Order  book,  requisitions,  clerk 
to  preserve. 


Section  731.  No  person,  whether  an  officer  of  the  city 
or  an  employe  thereof,  shall  contract  for  any  services,  or  pur- 
chase any  article  whatever,  for  the  use  of  the  city,  and  bind  the 
city  for  the  payment  of  the  same,  unless  such  officer  or  em- 
ploye, before  contracting  for  such  services  or  purchasing  such 
articles,  shall  first  have  obtained  an  order  therefor,  signed  by 
the  city  clerk. 

Sec.  732.  The  city  clerk  shall  grant  such  order  only 
upon  the  presentation  to  him  of  a  written  requisition,  specifying 
the  services  or  articles  needed,  signed  by  a  majority  of  the  com- 
mittee of  the  city  council  having  charge  of  the  particular  de- 
partment of  the  city  government  for  which  such  services  or  articles 
are  required,  or  signed  by  any  officer  who  may  be  authorized, 
by  the  laws  of  the  city,  to  contract  for  necessary  services  or 
articles. 

Sec.  733.  The  city  clerk  shall  provide  and  keep  a  book 
of  blank  orders,  with  stubs  attached,  which  he  shall  regularly 
number  and  fill  up  in  accordance  with  the  above  requirements, 
and  keep  at  all  times  in  his  ofifice,  subject  to  inspection;  and  the 
clerk  shall  file  and  preserve  all  requisitions  from  any  committee, 
and  number  the  same  to  correspond   with  the  orders  furnished. 


REVISED  ORDINANCES. 


445 


CHAPTER  33. 

SHADE    TREES. 

Skction  734. — Planting,  trimming,  manner  of— To  injure  or  destroy  misde- 
meanor. 

Section  734.  Shade  trees  may  be  planted  along  the 
sidewalks  in  the  streets  of  the  city.  Said  trees  shall  be  planted 
at  least  six  feet  and  not  more  than  nine  feet  from  the  building 
line  of  the  lots,  except  on  Broadway,  the  trees  may  be  planted 
in  two  rows,  nine  and  twenty-eight  feet  respectively  from  the 
building  line,  and  shall  be  planted  as  near  as  practicable  in  a 
straight  line  along  the  street.  And  all  shade  trees  shall  be 
trimmed  and  kept  trimmed  so  that  the  branches  shall  be  cut 
away  at  least  twelve  feet  from  the  street  and  sidewalk,  and  no 
branches  shall  be  permitted  to  extend  into  the  street  more  than 
nine  feet  unless  such  branches  shall  be  over  thirty-five  feet  in 
height  or  above  the  ground  so  as  not  to  obstruct  the  street 
lights  at  night.  And  it  shall  be  the  duty  or  all  persons  owning 
such  trees  to  see  that  these  regulations  are  observed  The  city, 
nevertheless,  reserves  the  right  to  remove  any  such  trees  if 
deemed  necessary  by  the  city  council.  And  the  foregoing 
regulations  shall  apply  to  all  trees  now  standing  in  the  streets 
or  that  may  be  hereafter  planted.  And  no  person  shall  will- 
fully injure,  or  destroy  any  shade  tree  not  his  own,  and  that 
shall  have  been  planted  and  kept  as  above  provided  and  any 
person  violating  any  of  the  provisions  of  this  chapter,  shall  be 
deemed  guilty  of  a  inisdemeanor  and  fined  not  less  than  one  nor 
more  than  one  hundred  dollars. 


446 


REVISED  ORDINANCES. 


CHAPTER  34. 


TELEGRAPH,  TELEPHONE,  AND  ELECTRIC  POLES  AND  WIRES. 


Section 

735.  Manner  of  setting,  subject  to 
this  chapter. 

736.  Alleys,  to  be  placed  in,  when 
— Manner  of. 

737.  Poles,  requisites  for — Heigth 
of  wire — Manner  of  setting. 

738.  Company  to  furnish  plan  of 
route — Commissioner  to  su- 
perintend, what  work. 


Section 

739.  Poles  and  wires,  location  and 
heigth  may  be  changed  by 
council,  how. 

740.  Company,  to  make  deposit  for 
repairs,  etc.,  failure  to,  misde- 
meanor. 

741.  Regulations,  council  to  make, 
what — Stobs  and  posts  con- 
demned, removal  of,  costs. 


Section  735.  Hereafter  any  telegraph,  telephone,  elec- 
tric railway  and  electric  light  and  power  companies  duly  incor- 
porated according  to  law,  doing  business  or  desiring  to  do  busi- 
ness in  the  city  of  Sedalia,  is  hereby  authorized  to  set  its  poles, 
pins,  abutments,  wires  and  other  fixtures  along  and  across  any 
of  the  public  roads,  streets  and  alleys,  of  the  city  subject  to  the 
regulations  hereinafter  provided. 

Sec.  TZ^.  Whenever  in  the  judgment  of  the  city  council 
the  use  of  any  alley  for  such  purpose  is  practicable,  the  poles  of 
such  companies  shall  be  placed  upon  and  along  said  alley  in- 
stead of  upon  and  along  the  streets  next  adjoining  and  parallel 
thereto.  Where  the  poles  are  set  in  an  alley  they  shall  be 
located  as  near  the  side  lines  of  the  alley  as  practicable  and  in 
such  manner  as  to  not  mcommode  the  public,  or  the  adjoining 
proprietors  or  residents. 

Sec.  737.  The  poles  used  as  herein  provided  shall  be  of 
sound  timber,  not  less  than  five  inches  in  diameter  at  the  upper 
end,  straight,  shapely  and  uniform  in  size,  neatly  planed  or 
shaved  and  thoroughly  painted  with  two  coats  of  lead  and  oil 
paint  of  such  colors  as  may  be   directed   by  the  committee  on 


REVISED    ORDINANCES.  4.47 

Streets  and  alleys ;  no  wires  on  any  such  poles  shall  be  run  at  a 
height  less  than  thirty  feet  above  the  grade  of  the  street,  ex- 
cept trolly  and  feed  wires  for  electric  railways.  Whenever  the 
poles  are  erected  on  a  street,  they  shall  be  placed  in  'all  cases 
when  practicable,  on  the  outer  edge  of  the  sidewalks  just  inside 
the  curbstone,  and  on  the  dividing  line  dividing  the  lots  one 
from  the  other,  and  in  no  case  to  be  so  placed  as  to  obstruct 
the  drainage  of  the  streets  or  interfere  with  or  damage  in  any 
way  the  curbstone,  trees  or  other  public  or  private  property  on 
the  line  of  the  street  or  alley  whe.e   such  poles  shall  be  erected. 

Sec.  738.  Before  any  telegraph,  telephone,  electric  light 
or  electric  railway  company  shall  erect  any  poles  upon  an>' 
street  or  alley,  they  shall  submit  for  approval  to  the  city  coun- 
cil, the  route  of  their  proposed  line  or  lines,  stating  the  name 
of  the  street  or  streets  to  be  occupied,  or  if  an  alley  the  num- 
ber of  the  block,  and  as  far  as  practicable,  the  location  of  each 
pole.  All  work  of  excavating,  refilling  and  restoring  the  pave- 
ment shall  be  done  under  the  supervision  and  direction  of  the 
street  commissioner  and  to  his  entire  satisfaction,  and  in  all 
cases  the  pavement  shall  be  restored  as  speedily  as  possible  and 
to  the  same  condition  it  was  before. 

Sec.  739.  The  right  is  hereby  reserved  to  the  cit}'  coun- 
cil at  any  time  to  direct  any  alteration  in  the  location  of  said 
poles,  and  also  in  the  height  at  which  the  wires  shall  run;  but 
before  any  such  alteration  is  made,  at  least  five  days  notice  in 
writing  shall  be  given  to  the  president  or  local  ofificer  in  charge 
of  the  company  affairs,  of  the  proposed  alteration;  and  reason- 
able opportunity  shall  be  afforded  the  representatives  of  such 
company  or  any  citizen  interested  to  be  heard  therein.  But 
when  any  such  alteration  shall  be  ordered  by  the  council  such 
company  shall  within  five  days  thereafter  commence  such  altera- 
tions and  complete  the  same  as  soon  as  practicable  thereafter, 
and  upon  failure  to  do  so,  it  shall  be  deemed  guilty  of  a  misde- 
meanor and  punished  by  a  fine  of  not  less  than  one  dollar  nor 
more  than  one  hundred  dollars. 


448  REVISED  ORDINANCES. 

Sec.  740.  Every  telegraph,  telephone,  electric  light  and 
electric  railway  company  doing  business  in  the  city,  shall  keep 
on  deposit  with  the  treasurer  the  sum  of  fifty  dollars,  subject  to 
the  order  of  the  street  commissioner,  to  be  used  by  him  in  restormg 
any  sidewalk,  gutter,  street  or  alley  pavement  displaced  or  injured 
in  the  erection,  alteration  or  removal  of  any  pole  of  such  com- 
pany, when  said  company  refuses  or  fails  to  make  such  restora- 
tion to  the  satisfaction  of  such  commissioner.  Any  company 
failing  to  make  and  deposit  within  five  days  after  commencing 
business,  or  which  shall  fail  to  make  good  the  amount  when  any 
portion  of  it  has  been  expended  as  herein  provided,  within  five 
days  notice  so  to  do,  has  been  sent  by  the  street  commissioner, 
shall  be  deemed  guilty  of  a  misdemeanor  and  punished  as  here- 
after provided. 

Sec.  741.  The  city  council  is  hereby  empowered  to  make 
such  regulations  of  the  poles  and  wires  of  any  such  company 
already  erected  on  any  of  the  streets  or  alleys  of  the  city,  and 
to  condemn  any  poles,  wires  and  other  appliances  of  any  such 
company  which  are  found  upon  the  streets,  alleys  and  other 
highways  of  the  city  and  of  such  size,  height  or  shape  and 
so  located-as  to  constitute  an  obstruction  to  any  sidewalk,  gut- 
ter, drain,  street  or  alley,  or  so  as  to  necessarily  obstruct  the 
view  from  any  window  or  door  of  any  building,  or  be  of  such 
shape  or  so  located  with  reference  to  any  residence  or  other 
property  as  to  make  the  surroundings  unsightly  to  the  occu- 
pants or  to  the  public.  The  location  of  short  stobs  or  posts 
in  a  public  street  for  the  purpose  of  fastening  cables  and  wires 
for  the  purpose  of  staying  or  bracing  poles  is  expressly  pro- 
hibited, and  all  of  such  stobs  or  short  posts  as  are  now  in  any 
of  the  public  streets  of  the  city  are  hereby  condemned,  and  as 
soon  as  practicable  after  reasonable  notice  so  to  do,  all  such 
as  are  required  by  the  committee  on  streets  and  alleys  shall  be 
removed,  and  such  means  adopted  by  all  such  companies  as 
may  be  necessary  to  maintain  their  poles  without  the  use  there- 
of, except  where  permitted  by  said  committee.  Should  any 
such  company  refuse  or   neglect   to  remove  such   stobs   or  posts 


REVISED    ORDINANCES. 


449 


from  the  streets  after  being  notified  by  the  committee  on  streets 
and  alleys,  of  such  as  are  required  to  be  removed,  it  shall  be 
deemed  guilty  of  a  misdemeanor,  and,  upon  conviction,  shall  be 
fined  not  less  than  ten  dollars  nor  more  than  one  hundred  dol- 
lars for  the  first  offense,  and  not  less  than  fifty  dollars  nor  more 
than  one  hundred  dollars  for  the  second  offense,  and  each  day 
shall  constitute  a  separate  and  distinct  offense.  And  the  street 
commissioner  shall  then  give  a  reasonable  notice  to  any  such 
company  that,  at  a  time  named  in  such  notice,  he  will  proceed 
to  remove  such  stobs  and  posts  of  any  such  company  as  have 
been  found  necessary  to  be  removed  by  the  committee  on  streets 
and  alleys,  and  he  shall  proceed  at  such  time  to  remove  the 
same,  exercising  care  not  to  cause  unnecessary  inconvenience  or 
injury  to  the  wires  and  poles  of  such  company.  And  all  ex- 
pense incurred  thereby  shall  be  paid  by  the  company  necessi- 
tating such  work,  by  their  failure  to  comply  with  the  require- 
ments of  this  chapter;  and,  on  their  failure  to  pay  the  same,  the 
mayor  shall  order  suit  to  be  instituted  therefor,  by  the  cit}'  at- 
torney. 


CHAPTER  35. 


VEHICLES. 


Section. 

742.  Licensed  vehicles,  to  have 
cei-taiii  stands  when  not  en- 
gaged. 

743.  Stands,  marshal  to  designate, 
etc. 

744.  Record  of,  marshal  to  keep. 

745.  Wagon  with  hay,  coal  or  wood 


Section. 

for   sale,    to   stand  on  market 
place. 

746.  Team,    etc.,    not   to  be  fed  on 
street,  «tc. 

747.  Misdemeanor    to    violate  this 
chapter,  punishment. 


Section  742.  All  licensed  drays,  wagons,  carts  and  other 
vehicles  shall  have  certain  and  designated  stands  on  or  adjoining 
the  market  place,  or  such  other  place  as  may  from  time  to  time 
be  provided,  and  when  not  actually  engaged  in  service  shall  oc- 
cupy said  stands  and  nc  other. 


450 


REVISED  ORDINANCES. 


Sec.  743.  The  city  marshal  shall  designate  the  stand  to 
be  occupied  by  each  vehicle,  which  shall  contain  the  name  of 
the  owner,  the  name  of  the  driver,  and  the  number  of  the  ve- 
hicle and  shall  designate  the  stand  to  be  occupied,  and  no  one 
vehicle  shall  occupy  more  than  one  stand. 

Sec.  744.  It  shall  be  the  duty  of  the  city  marshal  to  keep 
a  complete  and  accurate  record  of  all  permits  so  issued,  and  he 
shall  require  each  driver  to  occupy  his  proper  stand. 

Sec.  745.  No  wagon  loaded  with  hay,  wood  or  coal  shall 
stand,  for  the. purposes  of  selling  such  hay,  wood  or  coal,  else- 
where than  upon  the  market  place. 

Sec.  746.  No  person  shall  feed  any  team  or  beast  upon 
any  public  street  or  alley  of  the  city. 

Sec.  747.  Any  person  violating  any  of  the  provisions  of 
this  chapter  shall,  upon  conviction  thereof,  be  deemed  guilty  of 
a  misdemeanor,  and  be  punished  by  a  fine  of  not  less  than  one 
not  more  than  twenty-five  dollars. 


CHAPTER  36, 


WARDS. 


Section. 

748.  Number  of. 

749.  First  ward,  location  of. 

750.  Second  ward,  where. 


Section. 

751.  Third  ward,  where. 

752.  Fourth  ward,  where. 


Section  748.  The  city  of  Sedalia  shall  be,  and  the  same 
is  hereby,  divided  into  four  wards. 

Sec.  749.  The  first  ward  shall  consist  of  all  that  part  of 
the  city  north  of  Fourth  street  and  the  extension  thereof  west  to 
the  city  limits,  and  west  of  Lamine  street  and  the  extension 
thereof  north  to  the  city  limits. 

Sec.  750.  The  second  ward  shall  consist  of  all  that  part 
of  the  city  north  of  Fourth  street  and  the  extension  thereof  east 
to  the  city  limits,  and  east  of  Lamine  street  and  the  extension 
thereof  north  to  the  city  limits. 


REVISED  ORDINANCES.  45  I 

Sec.  751.  The  third  ward  shall  consist  of  all  that  part  of 
the  city  south  of  forrth  street  and  the  extension  thereof  east  to 
the  city  limits,  and  east  of  Lamine  street  and  the  extension 
thereof  south  to  the  city  limits. 

Sec.  752.  The  fourth  ward  shall  cnnsist  of  all  that  part 
of  the  city  south  of  Fourth  street  and  the  extension  thereof 
west  to  the  city  limits,  and  west  of  Lamine  street  and  the  ex- 
tension thereof  south  to  the  city  limits. 


CHAPTER  37. 

WARRANTS    FOR    MONEY. 

Section.  |  Section. 

753.   Clerk  to  draw,   on   order  from    |  settlement,  warrants  and  cou- 


council. 

754.  Party    indebted    to  city,   clerk 
not  to  issue  warrant,  etc. 

755.  Treasurer  to   make     monthly 


pons  to  be  checked. 

756.  Claim,  etc,,  time  of  filing,  etc. 

757.  Committee  to  examine  and  ap- 
prove, before  warrants  issued. 


Section  753.  Warrants  on  the  city  treasurer,  shall  be 
drawn  by  the  city  clerk,  pursuant  to  an  order  from  the  city 
council,  and  not  otherwise. 

Sec.  754.  No  city  warrant,  for  payment  of  money  from 
the  city  treasury,  shall  be  issued  or  delivered  by  the  city  clerk 
to  any  one  who  is  indebted  to  the  city  for  taxes,  license,  or  up- 
on any  account  whatever,  until  such  license,  tax  or  claim  shall  be 
paid  or  discharged.  And  the  city  clerk  is  hereby  authorized  to 
call  upon  the  city  collector  for  all  information  necessary  to 
carry  this  chapter  into  effect ;  and  the  books  of  the  city  collec- 
tor shall  be  open  at  all  times  to  the  inspection  of  the  city  clerk, 
for  the  purpose  aforesaid.  The  city  clerk  shall  be,  and  is  here- 
by, made  liable  upon  his  ofificial  bond  for  the  amount  of  any 
warrants  issued  or  delivered  to  any  person  in  violation  of  the 
provisions  of  this  chapter. 

Sec.  755.  The  city  treasurer  shall  make  monthly  settle- 
ments on  the  first  Monday  of  each  month  with  the  city  clerk,  so 


452  REVISED  ORDINANCES. 

that  paid  warrants  and  coupons  can  be  checked  off,  and  the 
actual  cash  balance  remaining  in  his  hands  be  reported  to  the 
city  council. 

Sec.  756.  No  claim,  account  or  demand  against  the  city 
shall  be  allowed,  or  a  warrant  ordered  for  the  same,  unless 
said  claim,  account  or  demand  shall  have  been  presented  to  the 
city  clerk  at  least  one  day  before  the  regular  semi-monthly 
meetings  of  the  city  council  at  which  it  is  presented  ;  and  the 
city  clerk  is  hereby  required  to  endorse  in  writing,  on  each 
claim,  demand  or  account,  the  date  of  filing  the  same. 

Sec.  757.  No  claim,  demand  or  account  shall  be  allow- 
ed, or  a  warrant  ordered  for  the  same,  until  the  said  claim,  de- 
mand or  account  has  been  examined  by  the  proper  committee, 
and  endorsed  on  the  back  by  the  chairman  of  said  committee 
that  the  said  account,  claim  or  demand  is  correct  and  justly 
due. 


CHAPTER  38. 

W.\TER    AND    WATER    SUPPLIES. 

A.RTICLE  I.— Contracts  for  Water. 
ARTICLE  XL— Water  Works,   Regulation    of. 

ARTICLE  I. 

contracts    for    WATER. 

Section  758. — Council  may  make,  how — term  of  etc. 

Section  758.  The  council  shall  have  power  to  make 
contracts  with  any  person,  association  or  corporation  for  furnish- 
ing the  city  with  water,  and  for  supplying  fire  hydrants  and  pub- 
lic fountains;  Provided,  that  no  such  contract  shall  be  made  for 
a  longer  time  than  twenty  years ;  and  Provided,  that  no  such 
contracts  shall  have  any  legal  force  until  the  same  shall    have 


REVISED  ORDINANCES.  453 

been  ratified  by  a  vote  of  two-thirds  majority  of  the  qualified 
voters  voting  at  an  election  held  for  that  purpose.  The  council 
shall  have  the  right,  also,  to  erect  maintain  and  operate  water- 
works for  the  city,  and  to  regulate  the  same,  to  prescribe  and 
regulate  the  rates  to  charge  to  private  consumers  of  water  fur- 
nished from  such  water-works,  and  to  acquire  by  purchase,  do- 
nation or  condemnation,  suitable  grounds  within  or  without  the 
city  upon  which  to  erect  said  works,  and  the  right  of  way  to 
and  from  said  works,  and  also  the  right  or  way  for  laying  water- 
pipes  and  posts  and  telephone,  telegraph  and  electric  wires  and 
poles,  under  or  above  ground,  as  may  be  necessary  for  the  ef- 
ficient operation  of  said  works ;  all  of  which  shall  be  done  in 
such  manner  as  shall  be  prescribed  by  ordinance ;  Provided,  that 
the  council  may,  in  its  discretion,  grant  the  right  to  any  per- 
son, persons  or  corporation  to  erect,  maintain  and  operate 
water-works,  and  lay  pipes,  erect  poles,  and  telegraph,  tele- 
phone and  other  wires  under  or  above  ground,  as  may  be  neces- 
sary for  the  efficient  operation  of  said  works,  upon  such  terms 
as  the  council  may,  by  ordinance,  prescribe;  Provided,  further, 
that  in  no  case  shall  such  right  extend  for  a  longer  period  than 
twenty  years,  and  shall  not  be  granted  nor  renewed  unless  by 
the  consent  of  a  majority  of  the  qualified  voters  of  the  city  vot- 
ing at  an  election  held  for  that  purpose;  Provided,  that  nothing 
in  this  section  shall  be  so  construed  as  to  prevent  the  city  coun- 
cil from  contracting  with  any  person,  associations  or  corpora- 
tions for  supplying  fire  hydrants  and  public  fountains,  and  to 
furnish  the  city  with  gas  or  electric  lights  where  franchises  have 
already  been  granted,  and  where  water- works  and  electric  plants 
already  exist,  without  a  vote  of  the  people. 


454 


REVISED  ORDINANCES. 


ARTICLE  II, 


WATER    WORKS,    REGULATION    OF. 


Section. 

759.  Use  of  water,  other  than  men- 
tioned in  license  or  permit, 
etc.,  misdemeanor. 

760.  License  or  permit,  use  of  water 
without,  misdemeanor. 

761.  Watering  fountains,  to  carry 
water  away  from  or  waste, 
misdemeanor. 

762.  Hydrants,  etc,  to  open,  etc., 
without  authority,  to  deface  or 
injure,  misdemeanc  r. 

763.  F'ire    alarm,    hydrants,    to     be 


Section. 

closed,      failure      to,      misde- 
meanor. 

764.  Reservoirs,  to  bathe  in,  befoul, 
etc.,  misdemeanor. 

765.  Meters,  accuracy  of,  how  de- 
termined. 

766.  Bond,  given  to  company  by 
consumer,  to  cut  off  water 
supply  misdemeanor. 

767.  Officer  to  direct  or  order  sup- 
ply cut  off,  after  bond  given, 
misdemeanor. 


Section  759.  Any  person  having  a  license  or  permit 
from  the  City  of  Sedalia  Water  Works  Company  for  the  with- 
drawal and  use  of  water  from  any  of  its  hydrants,  mains  or  pipes 
within  the  jurisdiction  of  the  city  of  Sedalia,  who  shall  with- 
draw or  use  any  water  therefrom  for  any  purpose  other  than 
the  purpose  or  purposes  mentioned  in  such  license  or  permit, 
or  who  shall  knowingly  permit  any  other  person  to  do  so,  or 
who  shall  suffer  or  permit  any  waste  water  from  such  hydrants, 
mains  or  pipes,  within  the  jurisdiction  of  said  city,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof, 
shall,  for  each  and  every  offense  be  fined  in  any  sum  not  less 
than  one  nor  more  than  one  hundred  dollars. 

Sec.  760.  Any  person  not  having  a  license  or  permit, 
from  the  Sedalia  Water  Works  Compay,  for  the  withdrawal  and 
use  of  water  from  its  hydrants,  mains  or  pipes  within  the  cor- 
porate jurisdiction  of  the  city  of  Sedalia,  who  shall  knowingly 
withdraw  or  cause  to  be  withdrawn,  any  water  from  such  hy- 
drants, mains  or  pipes  within  said  city,  except  from  public 
watering  and  drinking  fountains,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof,  shall  for  each  and 
every  offense,  be  fined  in  any  sum  not  less  than  one  nor  more 
than  one  hundred  dollars. 


REVISED    ORDINANCES. 


455 


Sec.  75i.  Any  person  who  shall  withdraw  and  carry 
away  any  water  from  any  of  the  public  watering  or  drinking 
fountains  erected,  supplied  and  maintained  by  the  Sedalia 
Water  Works  Company  within  the  jurisdiction  of  the  city  of 
Sedalia,  or  who  shall  commit  or  cause  to  be  committed  any 
waste  of  water  at  or  from  such  fountains,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof,  shall  for  each 
and  every  offense  be  fined  in  any  sum  not  less  than  one  nor 
more  than  one  hundred  dollars. 

Sec.  762.  Any  person  who  shall  without  lawful  authority, 
from  either  the  city  of  Sedalia  or  the  Sedalia  Water  Works  Com- 
pany, open  any  hydrant,  service  pipe,  stop-cock,  or  valve  belong- 
ing to  or  connected  with  the  system  of  waterworks  of  the  Sedalia 
Water  Works  Company  within  the  city  of  Sedalia,  or  who  shall 
injure  or  deface,  obstruct  or  impair  said  system  of  water  works, 
or  any  part  thereof,  at  and  within  said  city,  in  any  manner,  or 
by  any  means  whatever,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof,  for  each  and  every  offense, 
shall  be  fined  in  any  sum  of  not  less  than  one  nor  more  than 
one  hundred  dollars. 

Sec.  763.  When  an  alarm  of  fire  is  or  shall  be  sounded 
in  the  city  of  Sedalia,  all  hydrants  or  service  pipes,  or  service 
plates,  then  open  or  in  use  for  the  watering  of  lawns,  shall  be 
immediately  closed,  and  remain  closed  until  such  alarm  is 
wholly  subsided,  and  any  person  violating  the  provisions  of  this 
section  shall  be  deemed  guilty  of  a  misdemeanor,  upon  convic- 
tion thereof,  shall  be,  for  each  and  every  offense,  fined  in  any 
sum  of  not  less  than  one  nor  more  than  one  hundred  dollars. 
Provided,  that  all  complaints  for  the  violation  of  the  provisions 
of  this  article  must  be  made  to  the  city  attorney  by  some  officer 
or  agent  of  the  Sedalia  Water  Works  Company,  or  marshal  or 
policeman  of  the  city  of  Sedalia. 

Sec.  764.  Any  person  who  shall  commit  any  nuisance 
by  bathing  or  throwing  filth,  trash  or  other  material  in  any  res- 
ervoir or  other  source  of  supply  of  water  used  by  the  Sedalia 
Water  Works  Company   in  supplying  the  city   of  Sedalia  with 


456  REVISED    ORDINANCES. 

water,  or  who  shall  permit  any  dead  animals  to  lie  in  said  water 
supply,  or  shall  permit  any  lactory^  or  other  means,  which  shall 
in  any  way  befoul  the  said  water  source,  within  the  jurisdiction 
of  the  city  of  Sedalia,  shall  be  deemed  guilty  of  a  misdemeanor, 
and,  upon  conviction  thereof,  be  fined  not  less  than  five  nor 
more  than  one  hundred  dollars. 

Sec.  765.  If  any  person  shall  have  upon  or  about  his  or 
their  premises  any  water  meter  for  the  purpose  of  measuring 
water  furnished  to  such  person  by  any  water  company  by  means 
of  pipes  or  other  ways,  and  there  shall  be  any  dispute  between 
such  person  and  any  such  water  company,  as  to  the  accuracy  or 
inaccuracy  of  such  meter,  it  shall  be  competent  for  the  purpose 
of  settling  such  question,  for  such  person  to  have  such  meter 
tested  by  any  regularly  licensed  and  competent  plumber,  or  any 
expert  in  the  business  of  water  meters,  and  any  certificate  of 
such  plumber  or  expert  shall  be  prima  facie  evidence  of  the  ac- 
curacy or  inaccuracy  of  such  meter;  and  no  water  company 
shall  condemn  the  use  of  any  meter  which  is  so  certified  to  as 
being  in  a  condition  to  accurately  measure  water  run  through 
the  same  until  it  can  satisfactorily  prove  by  a  test  made  of  such 
meter,  in  the  presence  of  the  party  having  rnade  the  certificate, 
and  the  consumer,  that  any  such  meter  is  inaccurate. 

Sec.  766.  In  the  event  of  a  dispute  of  any  kind  between 
a  consumer  and  any  water  company,  with  reference  to  the  meas- 
uring of  water  by  meters,  or  as  to  the  quantity  used  by  any 
consumer,  or  as  to  the  condition  of  any  water  meter  then  in  use, 
or  the  amount  of  any  claim  for  water  used,  or  any  other  matter 
directly  concerning  the  use  of  water,  if  the  consumer  will  exe- 
cute and  deliver  to  the  water  compahy  a  good  and  sufficient 
bond,  with  one  or  more  solvent  securities,  for  an  amount  to  fully 
protect  such  water  compa4iy  against  any  loss  whatever  on  ac- 
count of  such  water  company  continuing  to  furnish  water  after 
such  dis^pute  shall  arise,  and  to  pay  all  reasonable  costs  to  which 
said  water  cOmpaay  m-ay  be  pQt^  should  said  water  compaay  be 
found  to  be  in  the  right,  it  shall  be  unlawful  for  any  such  com- 
pany, to  whom  such  bond  is  so  delivered,  to  shut  off  the  s«p,ply 


REVISED  ORDINANCES.  45; 

of  water  of  any  such  consumer  until  all  such  disputes  are  full)- 
adjusted,  and  any  officer,  agent,  servant  or  other  employe  of 
any  such  water  company,  who  shall  turn  off  the  water  from  any 
consumer  who  has  a  disagreement  or  dispute  with  such  water 
company,  after  such  consumer  shall  have  executed  and  delivered 
such  bond  to  such  water  company,  shall  be  deemed  guilt)'  of  a 
misdemeanor,  and,  upon  conviction  thereof,  before  the  police 
judge  of  the  city  of  Sedalia,  Missouri,  shall  be  punished  by  a 
fine  of  not  less  than  ten  dollars  and  not  more  than  one  hunered 
dollars,  or  by  imprisonment  in  the  city  jail  not  to  exceed  three 
months,  or  by  both  such  fine  and  imprisonment. 

Sec.  767.  Any  officer  of  any  such  water  company,  hav- 
ing authority  to  do  so,  who  shall  direct  or  order  the  water 
turned  off  from  the  premises  of  any  consumer  having  a  disagree- 
ment or  dispute  with  such  water  company  about  any  of  the  mat- 
ters set  forth  in  the  preceding  section,  after  such  consumer  shall 
have  made  and  delivered  the  bond  in  the  preceding  section  pro- 
vided for,  before  such  dispute  or  disagreement  is  fully  settled, 
shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon  conviction 
thereof,  shall  be  punished  by  a  fine  of  not  less  than  one  hundred 
dollars,  or  three  months  in  the  city  jail,  or  by  both  such  fine 
and  imprisonment. 


CHAPTER  39. 

WITNESSES. 

Section  768.— Fees  for  attending  police  court,  who  entitled  to,   policemen 
when. 

Section  76«.  Every  person  attending  as  witnesses  in  the 
proceedings  before  the  police  judge  for  violations  of  the  city 
ordinances,  shall  be  entitled  to  fifty  cents  for  each  day  of  actual 
and  necessary  attendance  as  such.  Each  witness  shall  be  ex- 
amined under  oath  by  the  police  judge,  as  to  the  number  of 
days    of   his   actual  necessary  attendance    under    subpoena    or 


458  REVISED  ORDINANCES. 

recogizance,  and  the  number  of  miles  necessarily  traveled;  and 
in  every  case  where  a  witness  shall  not  as  such  have  actually 
and  necessarily  attended  such  court,  and  withdrawn  himself 
from  his  business  during  the  full  time  for  which  pay  is  claimed, 
he  shall  not  be  allowed  for  more  than  one  days  attendance ; 
Provided,  that  no  police  officer  or  other  officers  of  the  city  who 
are  regularly  employed  by  the  city  at  a  salary  of  not  less  than 
fifty  dollars  per  month,  shall  be  entitled  to  any  fees  as  such 
witnesses  for  which  the  city  shall  become  liable ;  and  provided 
further,  that  no  such  officers,  as  have  been  above  mentioned, 
shall  be  entitled  to  fees  as  witnesses  where  the  defendant  in  any 
case  shall  become  liable  for  the  same,  until  all  fines  and  costs 
due  the  city  shall  be  first  collected  and  it  shall  not  be  compul- 
sory for  any  such  city  officer  to  be  in  attendance  in  such  court 
as  a  witness  except  when  subpoenaed  or  recognized  as  other 
witnesses. 


REVISED  ORDINANCES. 


459 


CHAPTER  40. 


FINAL  PROVISIONS  EFFECTING  LAWS,  ORDINANCES,  ETC. 


Section 

769.  Ordinances,  style  of,  how 
passed. 

770.  Mayor's  veto,  power  to  make — 
Council  may  pass  bill  over — 
Bill  to  be  returned  to  council, 
when. 

771.  Rights,  etc.,  this  ordinance  not 
to  impair. 

772.  Fines,  forfeitures,  etc.,  repeal 
of  ordinance  not  to  affect. 

773.  Suits,  etc.,  pending,  not  to  be 
affected  bj-  repeal  of  ordi- 
nance. 

774.  "Heretofore"  and  "hereafter," 
meaning  of 

775.  Words  importing  plural  num- 
ber, scope  of 

776.  Words  importing  singular  num- 

ber,   masculine    gender,    etc., 
scope  of. 

777.  When  two  preceding  sections 
not  to  apply. 

778.  Ordinance      repealing       ordi- 


Section 

nance,  when  repealed  not  to 
revive  original. 

779.  Clerk,  to  file,  number  and  pre- 
serve— Conflicting  ordinances, 
last  invalid  till  former  re- 
pealed. 

780.  Same  provisions  in  this  and 
former  ordinances,  construed 
as  continuation  of  former  one. 

781.  Book,  this  ordinance  to  be  pub- 
lished as,  to  be  known  and 
cited,  how. 

782.  Rules  for  government  of  coun- 
cil. 

783.  City  attorney,  to  superintend 
publication  of  the  revised  or- 
dinances. 

784.  What  to  be  printed,  style  of, 
binding,  etc.,  of  revised  ordi- 
nances. 

785.  Contract  for  publication  of. 
council  to  make,  etc. 

786.  Time  of  going  into  effect. 


Section  769.  The  style  of  the  ordinances  of  the  city 
shall  be:  "Be  it  ordained  by  the  council  of  the  city  of  Seda- 
lia  as  follows."  No  ordinance  shall  be  passed  except  by  bill, 
and  no  bill  shall  become  an  ordinance  unless  on  its  final  passage 
a  majority  of  the  members  elected  to  the  council  shall  vote 
therefor,  and  the  yeas  and  nays  shall  be  entered  on  the  journal; 
and  all  bills  shall  be  read  three  times  before  their  passage.  No 
ordinance  shall  be  re-enacted  by  mere  reference  to  the  title 
thereof,  but  the  same  shall  be  set  forth  at  length,  as  if  it  were 
an  original  ordinance.  No  bill  shall  become  an  ordinance  until 
it  shall  have  been  signed  by  the  ofificer   presiding  at  the  meeting 


46o  REVISED    ORDINANCES. 

of  the  council  at  which  it  shall  have  been  passed.  When  so 
.signed,  it  shall  be  delivered  to  the  mayor  for  his  approval  and 
signature,  or  veto. 

Sec.  770.  Every  bill  duly  passed  by  the  council  and  pre- 
sented to  the  mayor,  and  by  him  approved,  shall  become  an 
ordinance;  and  every  bill  presented  as  aforesaid,  but  returned 
with  his  objections  thereto,  shall  stand  reconsidered.  The 
council  shall  cause  the  objections  of  the  mayor  to  be  entered  at 
large  upon  the  journal,  and  proceed  at  its  convenience  to  con- 
sider the  question  pending,  which  shall  be  in  this  form:  "Shall 
the  bill  pass,  the  objections  of  the  mayor  thereto  notwithstand- 
ing?" The  vote  on  this  question  shall  be  taken  by  yeas  and 
nays,  and  the  names  entered  upon  the  journal,  and  if  two-thirds 
of  the  members-elect  shall  vote  in  the  affirmative,  the  president 
shall  certify  the  fact  on  the  roll,  and  the  bill  thus  certified  shall 
be  deposited  with  the  proper  officer,  and  shall  become  an  or- 
dinance in  the  same  manner  and  with  like  effect  as  if  it  had 
received  the  approval  of  the  mayor.  The  mayor  shall  have 
power  to  sign  or  veto  any  ordinance  passed  by  the  city  council : 
Provided,  that  should  he  neglect  or  refuse  to  sign  any  ordinance 
and  return  the  same  with  his  objections,  in  writing,  at  the  next 
regular  meeting  of  the  council,  the  same  shall  become  a  law 
without  his  signature. 

Sec.  771.  The  repeal  of  any  ordinance,  or  part  of  ordi- 
nance, or  resolution,  by  this  ordinance,  by  implication  or  ex- 
press terms,  shall  not  a^^ect  any  act  done  or  right  accrued  or  es- 
tablished in  any  proceeding,  action,  suit,  or  prosecution,  or 
other  thing,  had  or  commenced  previous  to  the  passage  of  this 
ordinance,  or  the  taking  effect  thereof;  but  every  such  act, 
right  or  proceeding  shall  remain  and  continue  as  valid  and  effec- 
tual as  if  the  provisions  of  such  ordinance  or  resolution  had  re- 
mained in  force. 

Sec.  772.  No  offense  committed,  and  no  fine,  forfeiture, 
or  penalty  incurred,  previous  to  the  time  when  the  provision  of 
any  ordinance,  parts  of  an  ordinance,  or  resolution,  shall  be 
repealed,  shall  be  effected,   released,  or  in  any  way    discharged 


REVISED    ORDINANCES.  46 1 

by  such  repeal ;  but  the  trial,  conviction  and  punishment  of  such 
offense,  and  the  recovery  of  such  fines,  forfeitures  and  penalties 
shall  be  had  in  all  respects  as  if  such  provisions  had  remained 
in  force. 

Sec.  773.  No  action,  prosecution,  suit  or  proceedings, 
pending  at  the  time  any  ordinance  or  part  of  an  ordinance  shall 
be  repealed,  shall  be  affected  in  any  way  by  such  repeal;  but 
any  such  action,  prosecution,  suit  or  proceeding  shall  proceed, 
in  all  respects,  as  if  such  ordinance,  or  part  of  ordinance,  had 
not  been  repealed;  except  that  any  such  action,  prosecution, 
suit  or  proceeding,  had  or  begun  after  this  ordinance  goes  into 
effect,  shall  be  conducted  in  conformity  with  the  provisions  of 
the  revised  ordinances,  and  shall  be,  in  all  respects,  subject  to 
the  provisions  thereof,  so  far  as  they  are  applicable. 

Sec.  774.  Whenever  the  term  "  heretofore  "  occurs  in 
any  ordinance,  it  shall  be  construed  to  mean  any  time  previous 
to  the  day  when  such  ordinance  shall  take  effect;  and  whenever 
the  term  "  hereafter  "  occurs,  it  shall  be  construed  to  mean  any 
time  after  such  ordinance  shall  take  effect. 

Sec.  775.  Whenever,  in  any  ordinance  or  resolution 
words  importing  the  plural  number  are  used  in  describing  or  re- 
ferring to  any  object,  matter,  parties,  or  persons,  any  single  ob- 
ject, matter,  party,  or  person,  shall  be  deemed  to  be  included, 
although  distributive  words  to  that  effect  may  be  used. 

Sec.  776.  When  any  subject,  matter,  party,  or  person  is 
described  or  referred  to  in  any  ordinance,  by  words  importing 
the  singular  number,  or  masculine  gender,  several  matters  and 
persons,  and  females,  as  well  as  males,  and  bodies  corporate,  as 
well  as  individuals,  shall  be  deemed  to  be  included. 

Sec.  T]"] .  The  rules  prescribed  in  the  last  two  sections 
shall  apply  in  all  cases,  unless  it  shall  be  otherwise  expressly 
provided  in  any  ordinance,  or  unless  there  be  something  in  the 
subject  or  context  repugnant  to  such  construction. 

Sec.  778.  When  any  ordinance  repealing  a  former  ordi- 
nance, clause  or  provision,  shall  itself  be  repealed.,  such  repeal 


462  REVISED  ORDINANCES. 

shall  not  be  construed  to  revive  such  former  ordinance,  clause  or 
provision,  unless  it  be  expressly  so  provided. 

Sec.  779.  Every  ordinance,  when  passed,  and  approved 
by  the  mayor,  or  when  it  shall  become  a  law,  shall  be  sent  to 
the  city  clerk,  and  by  him  numbered,  filed  and  preserved  in  his 
office,  and  no  special  or  general  ordinances  which  are  in  conflict 
or  inconsistent  with  general  ordinances  of  prior  dates  shall  be 
valid  or  effectual  until  such  prior  ordinance,  or  the  conflicting 
parts  thereof,  are  repealed  by  express  terms. 

Sec.  786.  It  is  expressly  provided  and  ordained  that  the 
provisions  of  this  ordinance,  which  are  in  revision  of  the  general 
ordinances  of  the  city  of  Sedalia,  Missouri,  so  far  as  they  are 
the  same  as  those  of  existing  ordinances,  shall  be  construed  as  a 
continuation  of  such  ordinances,  and  not  as  new  enactments. 

Sec.  781.  Immediately  upon  the  passage  and  approval 
of  this  ordinance,  or  when  it  shall  become  a  law,  the  same  shall 
be  published  in  one  volume,  and  shall  be  designated  and  known 
as  the  "Revised  Ordinances  of  the  city  of  Sedalia  of  1894," 
and  they  may  be  cited  as  the  "Revised  Ordinances,"  adding 
the  number  of  the  section,  and  when  necessary,  the  number  of 
the  chapter  or  article  or  both. 

Sec.  782.  The  rules  now  in  force  and  which  are  printed 
in  the  revised  ordinances  of  1881  as  heretofore  amended,  are 
hereby  adopted  for  the  government  of  the  council  and  other 
officers  of  the  city  so  far  as  they  may  be  found  to  be  consistant 
with  the  present  charter  and  ordinances  of  the  city. 

Sec.  783.  The  city  attorney  is  hereby  directed  to  super- 
intend the  publication  of  this,  the  revised  ordinances  of  the  city, 
in  book  form. 

Sec.  784.  The  city  attorney  shall  cause  to  be  printed  and 
incorporated  in  the  volume  containing  the  revised  ordinances,  a 
table  of  contents,  all  of  the  constitution  of  the  State  of  Missouri 
or  so  much  thereof  as  he  shall  deem  proper  or  may  omit  it  en- 
tirely, a  list  of  the  officers  of  the  city  from  1864  to  the  present 
time;  rules  for  the  government  of  the  council  and  officers,  as 
adopted   by  this  ordinance,  the    charter   of  the    city  if  he   shall 


REVISED  ORDINANCES.  463 

deem  it  proper,  and  such  other  laws  of  the  State  of  Missouri  of 
a  general  nature,  as  he  shall  deem  proper  to  incorporate  therein, 
and  such  ordinances  of  the  city,  of  a  private  nature  as  he  shall 
deem  necessary  and  proper,  such  as  franchises,  adoption  of  third 
class  charter,  extending  of  city  limits,  etc  ,  etc.  He  shall  also 
prepare  and  arrange  a  suitable  index.  It  shall  be  the  duty  of 
the  city  attorney,  and  he  is  hereby  authorized  to  adopt  such 
plan  of  arrangement,  head  notes,  and  if  in  his  opinion  it  is  best 
to  use  catch-words  to  indicate  briefly  the  subject  matter  01  the 
several  acts  or  sections.  The  sections  shall  be  numbered  con- 
secutively, beginning  with  the  first  section  and  ending  with  the 
last  section.  He  shall  omit  the  enacting  clause  of  the  several 
acts,  as  also  the  title  of  any  ordinance,  if  he  deem  it  proper. 
There  shall  be  printed  such  number  of  the  revised  ordinances  as 
shall  be  necessary  to  supply  each  of  the  ofificers  of  the  city  with 
a  copy  of  those  bound  in  law  leather  binding,  and  fifty  copies 
in  same  binding  for  sale,  and  there  shall  be  fifty  copies  printed 
and  bound  in  pamphlet  or  paper  cover  form,  these  shall  be  for 
exchange  with  other  cities  of  Missouri  who  shall  present  this 
city  with  a  copy  of  their  published  ordinances.  The  number 
of  copies  of  either  kind  may  be  increased  or  diminished  at  any 
time  before  the  contract  is  let,  by  a  resolution  of  the  council  to 
that  effect.  The  price  at  which  either  style  of  such  published 
ordinance  shall  be  sold  shall  be  fixed  by  the  council,  and  any 
officers  of  the  city  who  shall  give  away  any  of  the  books  with- 
out authority  of  the  council  shall  have  the  same  deducted  from 
the  amount  of  his  next  month's  salary,  and  it  is  hereby  made 
the  duty  of  the  city  clerk  to  receive  all  of  the  volumes  of  the 
published  ordinances,  and  dispose  of  the  same  as  he  shall  be 
directed  by  the  council,  by  order  of  record.  The  expense  of  the 
revision  of  the  city  ordinances  as  provided  in  and  by  this 
ordinance,  as  well  as  the  cost  of  the  publication  thereof  in  book 
form  shall  be  paid  by  the  city. 

Sec.  785.  The  committee  on  supplies  are  hereby  author- 
ized to  procure  bids  for  the  publication  thereof,  and  to  report 
such  bids  to  the  council,  and  the  council  are  hereby  authorized 


464  REVISED  ORDINANCES. 

to  let  the  contract  for  said  work  to  the  lowest  and  best  bidder. 
The  council  shall  have  the  right  to  reject  any  and  all  bids. 

Sec.   786.      This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage  and  approval  by  the  mayor. 

Passed  by  the  city  council  of  the  city  of    Sedalia,  Missouri, 
the  14th  day  of  March,  1894. 

E.  W.  Stevens, 
President  of  the  Council. 
Approved  this  17th  day  of  March,  1894. 

E.  W.  Stevens, 
Mayor  of  Sedalia,  Missouri. 
Attest:  Edward  Hough, 

City  Clerk. 


STATE  OF  MISSOURI,  \ 

County  of  Pettis,      \ss. 
City  of  Sedalia.  j 

I,  Edward  Hough,  City  Clerk  of  the  city  of  Sedalia,  Mis- 
souri, do  hereby  certify  that  the  foregoing  ordinance,  entitled, 
"  An  ordinance  in  revision  of  the  ordinances  of  the  city  of  Se- 
dalia, Missouri,  and  to  ordain  and  establish  new  and  amended 
ordinance  provisions  for  the  government  of  said  city,"  from 
Chapter  i  to  Chapter  40,  both  inclusive,  and  from  Section  i  to 
Section  786,  both  inclusive,  was  duly  passed  by  the  Council  of 
said  city,  on  the  date  indicated  by  the  attestation  of  the  President 
of  the  Council,  to-wit :  March  14th,  1894,  and  was  duly  ap- 
proved by  the  Mayor  ot  said  city  on  the  17th  day  of  March, 
1894. 

I  further  certify  that  I  have  read  and  compared  the  fore- 
going printed  ordinance  provisions,  prefix,  and  other  matter,  as 
contained  in  this  volume;  and  that  said  printed  volume  contains 
all  of  the  provisions  of  said  ordinance  as  passed  by  the  Council, 
and  approved  by  the   Mayor,   as   aforesaid,    and  contains    such 


REVISED  ORDINANCES.  465 

Other  matter  as  was  authorized  by  said  ordinance  to  be  printed 
and  published  therein;  and  that  said  volume,  as  printed,  is  in 
every  way  in  full  compliance  with  the  ordinance  provisions  au- 
thorizing its  publication. 

In  Witness  Whereof,  I  have  hereunto  set  my  hand  and 
/^:=^=^  affixed  the  seal  of  said  city,  this  25th  day  of  April, 

y^:7-^f^  1894. 

Edward  Hough, 

City  Clerk. 


LIST  OF  OFFICERS 


OF   THE 


CITYOFSEDALIA,MISSOURI 


FROM    1864   TO    1895. 


1864. 

f  Geo.  R.  Smith. 
Mayor |j3g     Q    xesch. 

Aldermen,   F.  L.  Parker, 

Wm.  Beck, 

Ira  C.  Pierce, 

R.  Waltenspiel, 

R.  Hulland, 

E.  Laupheimer, 

Frank  McCabe. 

Marshal Jas.  G.  Tesch. 

Assessor Chan.   P.    Townsley. 

1865. 

(  E.  W.  Washburn  (resiened) 
M^y^^F.  L.Parker.* 
Aldermen,  J.  L.  Vickers, 

Jno.  Harding, 

Louis  Kumm, 

Jno.  \V.   Houx, 

B.  H.  Ingram, 

Abram  Mever, 

Jas.  G.  Tesch. 
Marshal  and  f  \V.  P.  Jackson 

Collector    \jas.   M.  Mills* 


1866. 

Mayor Jno.  F.  Philips 

Aldermen,   Henry  Suess, 

Wm.  Beck, 

T.  W.  Moses, 

Rod  Gallie, 

Jno.  L.  Hall, 

P.  G.  Stafford, 

Tlios.  J.  Montgomery. 

Attorney  L.    L.  Bridges 

„      .  ^     1  Wm.   Wallace,   (resigned) 
Register  \  ^  j    Sampson.* 

1867. 

Mayor Henry  Suess 

Aldermen,  J.  J.  Weiler,  (resigned.) 

Jas.  G.  Tesch, 

Jas.  Jamison, 

R.  Hulland, 

W.  F.  Boyer, 

S.  S.  Vinton, 

R.  Gallie, 

A.  C.  Marvin,* 

E.  R.  vStevens.* 


NOTE. -The  first  Mayor,  Geo.  R.  Smith,  was  appointed  by  the  origi- 
nal charter,  approved  February  15th,  1864,  and  served  until  the  following 
month  of  April,  when  an  election  was  held,  resulting  in  the  election  of  James 
G.  Tesch,  who  served  for  the  regular  term  of  1864.  Officers  indicated  by  an 
asterisk  (*)  were  elected  to  fill  vacancies. 


468 


LIST  OF  OFFICERS. 


Marshal   and      \  g    ^^^^-^ 

Collector      j  -' 

)  A.  T-  Sampson,  (removed) 
Attorney   ■  ^  \^    Bridges.* 

Register A.    H.  Thompson 

Assessor Jno.  Walde 

Treasurer Wm.   E.   Bard 

1868. 

Mayor Bacon    Montgomery 

Aldermen,  W.  C.  Weiler, 
F.  Krieckhaus, 
C.  C.  Goodman, 

F.  Crandall,    (resigned.) 
Wm.'  Bloess, 

R.  H.  Moses, 

J.  D.  McGrath,  (died.) 

W.  F.  Boyer,* 

G.  A.  Sturges. 
Mar.shal   and      1  .,,    „   t^^i.c^.^ 

Collector      /  ^^   P- J^^^^^"- 

Attorney W.  W.   S.    Snoddy 

Register A.   H.  Thompson 

Assessor Ira  C.   Pierce 

Treasurer Chan.   P.  Townsley 

1869. 

Mayor Albert  Parker 

Aldermen,  Thos.  J.  Montgomery, 

Henry  Armbrecht, 

Peter  Latsch, 

G.  A.  Sturges, 

Abram  Meyer, 

R.  H.  Moses, 

Wm.  Beck. 

n/r      u   1   t  W.  P.  Jackson,  (resigned) 
Marshal   J.p    g^.jlj^^^^4^ 

Attorney B.  G.  Wilkerson 

Register Geo.  W.  Cummings 

Assessor H.  N.  Knapp 

Collector E.  P.  Kent 

Treasurer Jno.   W.  Siebe 

1870. 

Mayor W.    P.  Jackson 

Aldermen,  C.  C.  Goodman,  (res'g.) 

F.  Krieckhaus, 

Theo.  Hoberecht, 

B.  F.  Dean, 

Wesley  Kipp, 

V.  Homburg, 

Jno.  Beckley, 

Henry  Boyer, 

Jno.  D.  Brown.* 


Marshal W.  C.  Weiler 

Attorney Jas.  S.  Botsford 

Register J.   F.  Tobias 

Assessor H.  N.  Knapp 

Collector E.   P.   Kent 

Treasurer Jno.  W.  Siebe 

1871. 

Mayor Thos.    J.    Montgomery 

Aldermen,   B.  H.  Ingram, 

Jno.  L.  Hall, 

Ellias  Bixby, 

Chas.  G.  Taylor, 

H.  Boyer, 

Wesley  Kipp, 

F.  Frieckhaus, 

Theo.  Hoberecht. 

Attorney W.   H.  H.  Hill 

Marshal    J.   H.   Ge.st 

Register A.    H.  Thompson 

Treasurer E.  Lamy 

Collector I.   D.  Goodson 

.-^ssesor M.   M.  Lampton 

1872. 

Mayor Geo.   W.  Cummings 

Aldermen,   Henrj-  Vitt, 

Joseph  Tice, 

Jno.  W.  Siebe, 

Wesley  Kipp, 

B.  H.  Ingram, 
John  L.  Hall, 
Elias  Bixby, 

C.  G.  Taylor. 

Attorney W.  H.  H.  Hill 

Marshal Wm.  Inch 

Register Thomas  Monroe 

Collector I.  D.  Goodson 

Assessor T.  N.  Rogers 

1873. 

Mayor R.  T.  Miller 

Aldermen,  John  F.  Antes, 

M.  M.  Prichard, 

J.  W.  Mills, 

E.  W.  Bixby, 

Henry  Vitt, 

Joseph  Tice, 

John  W.  Siebe, 

Wesley  Kipp. 

Attorney W.    L.  Felix 

Marshal John  B.  Gallic 


LIST    OF  OFFICERS. 


469 


Register 
Treasurer 
Collector 
Assessor 


Mayor 
Aldermen, 


J.  H.  Gest 

M.    Henoch 

John  S.  Lingle 

John  B.  Gallie 


Attorney 

Marshal. 

Register 

Collector 

Treasurer 

Assessor 


1874. 


W.   H.   H.  Hill 
George  R.  Smith, 
Theo.  Hoberecht, 
Peter  Latsch, 
A.  P.  Morey, 
John  F.  Antes, 
M.  M.  Pritchard, 
J.  W.   Mills, 
E.  W.  Bixby. 
j  W.  L.  Felix,  (removed.) 
1  B.  G.   Wilkerson,* 

John  B.  Gallie 
J.    H.  Gest 

W.    J.    Manker 
G.  Vogler 

John  B.  Gallie 

1875. 


Mayor Norman  Maltby 

Aldermen,  George  R.  Smith, 

Theo.  Hoberecht, 

Peter  Latsch, 

A.  P.  Morey, 

G.  B.  Simmonds, 

Henry  Suess, 

P.  McEnroe, 

John  Newton, 

Attorney P.    H.  Sangree 

Marshal D.  T.  Hartshorn 

Register  George  W.  Cummings 

Treasurer  G.  Vogler 

Collector  VV.  J.    Manker 

Assessor  H.  N.  Knapp 

1876. 

Mayor David  Blocher 

Aldermen,  G.  B.  Simmonds, 

Henry  Suess, 

P.  McEnroe, 

John  Newton, 

W.  F.  Ilgenfritz, 

E.  T.  Brown, 

T.  T.  Major, 

Wm.  Hill. 

Attorney P.   H.   Sangree 

Marshal  John    Shanafelt 


Register 
Treasurer 
Collector.. 
Assessor 


Mayor 
Aldermen, 


G.  W.  Cummings 

G.  Vogler 

W.  J.    Manker 

H.  N.  Knapp 


Attorney 

Marshal 

Register 

Treasurer 

Collector 

Assessor 


1877. 


Logan   Clark 
W.  F.  Ilgenfritz, 
E.  T.  Brown, 
T.  T.  Major, 
Wm.  Hill, 
P.  McF^nroe, 
W.  R.  Thomas, 
L.  B    Rhodes, 
E.   Lamy, 
M.   O'Reilly,* 
J.  F.  Antes,* 
M.  C.  White.* 

G.   C.  Heard 

Phillip  Kelley 

G.  W.  Cummings 

John  W.  Burress 

W.  J.  Manker 
.  .  E.  H.  James 


1878 


Mayor G.  L.  I'aulhaljer 

Aldermen,   E.  Lamy 

M.  O'Reilly 

J.  F.  Antes 

E.  T.  Brown 

M.  C.  White 

A.  Holland 

J.  Kolbohn 

William  Latour 

M.  Harter* 

Attorney  P.  H.  Sangree 

Marshal A.  Smith 

Register Julius  Conrath 

Treasurer John  W.  Burress 

^  ,,  (  W.  J.  Manker  (removed) 

Collector    |  j_  p,   j^ooney  (appoint'.]) 

(  Wm.  Weiler,  (resigned) 
Assessor.  .  •,  g  ^  James  (appointed) 


1879 

Mayor G.  L.  Faulhabcr 

Aldermen,  A.  Holland 

J.  Kolbohn 

M.  Harter 

J.  F.  Antes 


470 


LIST  OF  OFFICERS. 


E.  T.  Brown 

William  Hill 

J.  B.  Rickman* 

B.  D.  Dean 

Frank  Newton* 

Rod  GalHe 

Louis  Kutnm* 

Attorney W.  L.  Felix 

Marshal A.   Smith 

Register Julius  Conrath 

Treasurer John  W.  Burress 

Collector Ed.  Hurley 

Assessor E.  H.  James 


Mayor 
Aldermen, 


Attorney  . 

Marshal 

Register  . 

Treasurer. 

Collector 

Assessor 


1880 


E.  C.  Evans 

William  Hill 
B.   D.  Dean 
Rod  Cxallie 
J.  B.  Rickman 
L.  Kumm 
Frank  Newton 
P.  H.  Mead 
A.  S.  Fernald 

W.  L.  Felix 

A.  Smith 
R.  M.  Fraker 

John  W.  Burress 

Frank  Landmann 

E.  H.  James 


i; 


I 


Mayor Frank  Craycroft 

Aldermen,  J.  B.  Rickman 

L.  Kumm 

F^rank  Newton 

P.  H.  Mead 

A.  S.  Fernald 

Owen  Harrison 

D.  I.  Holcomb 

E.  W.  Sinclair 
Attorney  L.  L.  Bridges 

Marshal  Robert  J.  Shy 

Register R    M.  Fraker 

Treasurer  W.  W.  Herold 

Collector       F'rank  Landmann 

Assessor   S.  W.  Maddux 


Mayor C.  E.  Messerly 

Aldermen,   D.  I.  Holcomb 

Owen  Harrison 

J.  B.  Rickman 

E.  W.  Sinclair 

W.  D.  Ilgenfritz 

J.  S.  Bosserman 

W.  R,  Thomas 

John  S.  Landes 

Attorney P.  H.  Sangree 

Marshal Robert  J.  Shy 

Register R.  M.  Fraker 

Treasurer C.  W.  Brown 

Collector        Frank  Landmann 

Assessor E.  P.  Crain 

1883 

Mayor C.  E.  Messerly 

Aldermen,  W.  D.  Ilgenfritz 

J.  S.  Bosserman 

W.  R.  Thomas 

John  S.  Landes 

Samuel  Stahl 

William  Hill 

J.  B    Rickman 

E.  W.  Sinclair 

Attorney V.  E.  Shaw 

Marshal Robert  J.  Shy 

Register B.  Rauck 

Treasurer C.  W.  Brown 

Collector Frank  Landmann 

Assessor Daniel  David 

1884 

Mayor    John  B.  Rickman 

Aldermen,  Samuel  Stahl 

William  Hill 

E.  W.  Sinclair 

W.  D.  Ilgenfritz 

Peter  Jefferson 

John  D.  Russell 

A.  F'arnham 

Dan  Grow 

ifHenry  Lamm 
tC.  E.  Yeater 
tV.  E.  Shaw 


fMr.  Lamm  was  elected  at  regular  election,  resigned  to  accept  the  office 
of  County  Attorney.  Mr.  Yeater  was  appointed  by  the  Mayor  and  Council, 
and  held  until  special  election,  at  which  Mr.  Shaw  was  elected,  and  served 
to  the  end  of  the  term. 


LIST  OF  OFFICERS. 


47  • 


Marshal R.  W.  Barnett 

Register B.  Rauck 

Treasurer J.   H.  Vitt 

Collector Frank  Landmann 

Assessor M.  M.  Lampton 

1885 

Mayor J.  B.  Rickman 

Aldermen,   Peter  Jefferson 

John  D.  Russell 

A.  Farnhani 

Geo.  Ferrell 

T.  M.  Robb 

L.  C.  Smith 

T.  J.  Mason 

W.  D.  Ilgenfritz 

Attorney V.  E.  Shaw 

Marshal R.  W.  Barnett 

Register J.  W.  Snyder 

Treasurer J.  H.'Vitt 

Collector J.   H.  Pilkington 

Assessor  J.  M.   Logan 

1886I 

Mayor E.  W.  Stevens 

Councilmen — 

Long  term,  Rod  Gallie 
Short  term,  Peter  Latch 
Long  term,  Charles  Carroll 
Short  term,  John  Cashman 
Short  term,  Charles  Newell 
Long  term,  R.  M.  Olmstead 
Long  term,  John  B.  Gallie 
Short  term,  S.  P.  Johns 

Attorney Louis  Hoffman 

Marshal Walter  S.  Jackson 

Recorder H.  C.  Levens 

Treasurer J.   H.  Vitt 

Collector J.  H.  Pilkington 

Assessor George  W.  Burr 

Clerk A.  H.  Thompson 

City  Engineer J.  C.Johnson 

Street  Commissioner  ...Wm.  Jackson 


1887 

Mayor  E.   W.  Stevens 

Councilmen,  Rod  Gallie 

Charles  Carroll 
R.  M.  Olmstead 
S.  P.  Johns 
W.  I).  Ilgenfritz 
John  Cast) man 
W.  P.  Cousley 
John  B.  Gallie. 

Attorney Louis  Hoffman 

Marshal Walter  S.  Jackson 

Recorder H.  C.  Levens 

Treasurer j.   H.  Vitt 

Collector J.  H.  Pilkington 

Assessor George  W.  Burr 

Clerk  •[     ^"  ^"  Thompson 

I ^Janies  Cousley 

Street  Commissioner J.  W.  Tripp 

City  Engineer J.  C.  Johnson 


Mayor     John  D.  Crawford 

Councilmen,  W.  D.  Ilgenfritz 
John  Cashman 
W.  P.  Cousley 
S.  P.Johns 
F.  W.  Shultz 
Charles  Carroll 
Moses  Avery 
J.  C.  McLaughlin 

Attorney Louis  Hoffman 

Marshal  Thomas  Prentice 

Recorder M.  \V.  Brady 

Treasurer George  L.  Faulhaber 

Collector J.  H.   Pilkington 

Assessor 

Clerk James  Cousley 

Citj'  Engineer Merritt  Yeater 

Street  Commissioner J.  W.  Tripp 


JThis  was  the  first  election  held  after  the  adoption  of  the  third-class 
Charter,  and,  following  its  requirements,  all  elective  officers,  including 
eight  Councilmen  were  elected,  two  from  each  of  the  four  wards.  The 
Councilman  in  each  ward  receiving  the  highest  number  of  votes,  to  hold 
for  two  years,  and  the  one  receiving  the  next  highest,  for  one  year,  making 
a  long  and  short  term   Councilman  from  each  ward. 

^Elected  July  16,  1887,  to  fill  vacancy  caused  by  death  of  Cai)tain  A.  H. 
Thompson. 


472 


LIST  OF  OFFICERS. 


1889 

Maj'or John  D.  Crawford 

Councilnien,  F.  W.  Shultz 

Charles  Carroll 
Moses  Avery 
J.  C.  McLaughlin 
W.  D.  Ilgen fritz 
John  Cashmau 
R.  M.  Olmstead 
W.  L.  Porter 

Attorney Louis  Hoffman 

Marshal" Thomas  Prentice 

Recorder M.  W.  Brady 

Treasurer  George  L.  Faulhaber 

Collector .   J.  H.  Pilkington 

Assessor  

Clerk A.  R.  Easton 

City  Engineer Merritt  Yeater 

Street  Commissioner         Left  vacant 

I  890 II 

Mayor E.  W.  Stevens 

Councilmen,  J.  O.  Edwards 
Charles  Carroll 
R.  M.  Olmstead 
J.  S.  Bosserman 
W.  L.  Porter 
Clemens  Honkomp 
H.  B.  Weiman 
T.  B.  Young 

Attorney John  Cashman 

Marshal Thomas  Prentice 

Recorder J.   A.  Halstead 

Treasurer C.   S.   Dexter 

Collector V.  P.  Hart 

Assessor Fred  Wetteroth 

Clerk A.  R.  Easton 

City  Engineer Merritt  Yeater 

Street  Commissioner John  Hyatt 

1891 

Mayor E.  W.  Stevens 

Councilmen,  Clemens  Honkomp 
Charles  Carroll 


H.  B.  Wieman 
J.  O.  Edwards 
Bell  Hutchinson 
J.  S.  Bosserman 
John  L.  Wigton 
George  E.  Uugan 

Attorney John  Cashman 

Marshal Thomas  Prentice 

Recorder J.  A.  Halstead 

Treasurer C.  S.  Dexter 

Collector V.  P.  Hart 

Assessor Fred  Wetteroth 

Clerk B.  Rauck 

City  Engineer Merritt  Yeater 

Street  Commissioner John  Hyatt 

1892 

Mayor  E.  W.  Stevens 

Councilmen,   Bell  Hutchinson 
J.  S.  Bosserman 
John  L.  Wigton 
George  E.  Dugan, 
Clemens  Honkomp 
R.  F.  Dean 
Daniel  McKenzie 
George  B.  Deckman 

Attorney John  Cashman 

Marshal John  DeLong 

Recorder B.  Rauck 

Treasurer John  M.  Glenn 

Collector V.  P.  Hart 

Assessor Charles  Wentzelman 

Clerk Fred  Putcher 

City  Engineer Merritt  Yeater 

Street  Commissioner        John  Hyatt 

1893 

Mayor E.  W.  Stevens 

Councilmen,  Clemens  Honkomp 
R.  F.  Dean 
George  B.  Deckman 
Daniel  McKenzie 
Lee  Looney 
M.  R.  Anderson 
R.  M.  Olmstead 
W.  F.  Hansberger 


iJThe  resignation  of  W.  D.  Ilgenfritz  in  the  First  ward,  and  John 
Cashman  in  the  Second  ward,  necessitated  the  election  of  two  Council- 
men  from  each  of  these  wards,  one  for  a  long  term  and  one  for  a  short  term. 
Mr.  Honkomp  was  elected  for  the  long  term  and  Mr.  Young  for  the 
short  term  in  the  First  Ward,  and  Mr.  Carroll  for  the  long  term  and  Mr. 
Bosserman  for  the  short  term  in  the  Second  ward. 


LIST  OF  OFFICKKS. 


473 


Attorney John  Cashman 

Marshal  John  Del.ong 

Recorder  B.  Ranok 

Treasurer  John  M.  Glenn 

Collector V.  P.  Hart 

Assessor Charles  Wentzelman 

Clerk Edward  Hough 

City  Engineer Charles  Zoll 

Street  Commissioner John  Hyatt 

1894 

Mayor P.   D.  Hastain 

Councilmen,   Lee  Loonev 

Frank  R.  Hulland 


Attorney...,. 
Marshal 
Police  Judge- 
Treasurer 
Collector 


M.  R.  Anderson 
George  H.  Decknian 
R.  M.  Olnistead 
T.  P.  Kerry 
W.  V.  Hansberger 
George  E.  Dugan 

E.J.  Smith 

L.  H.  Kahrs 

J.  S.  Bosserman 

John  M.  ("Tlenn 

W.  U.  Wilev 


Assessor Charles  Wentzelman 

<^jerl-  Edward  Hough 

City  Ivngineer 
Street  Commissioner 


TABLE  OF  CONTENTS. 


Provision  of  Constitution i 

Charter 16 

Ordinance  Adopting  Third-class  Charter..  77 

Ordinance  Extending  City  Limits 7.S 

Ordinance  Selling  Water-works,  Granting  Franchises,  etc.  80 

Ordinance  Granting  Electric  Light  and  Railway  Franchise  87 

Acceptance  of  Same  94 

Rules  of  City  Council.  95 

Revised  Ordinances.  107 
And  thereunder — 

Accounts.  107 

Additions 109 

Animals  -Running  at  Large '  ' ' 

Animals — Dead — Removal  of,  etc '13 

Assessor  and  Assessment  of  Property  ' '  ^ 

Cemetery '28 

Charity '3' 

Condemnation  Proceedings K^~ 

Dogs '42 

Dramshops ''5 

Engineering  Department '17 

F'ire  Limits  and  Fire  Companies '-19 

Fires — Protection  Against.  ^^^ 

Grades  of  Streets '^^ 

Board  of  Health ^^^ 

And  thereunder — 

Nuisances 

Prevention  of  Spread  of  Contagious  Diseases. 

Vital  Statistics     ^''^ 

Quarantine  Regulations.  ' 


270 
272 


4/6  TABLE  Oh"  CONTENTS. 

PAr.E 

I/icenses 280 

A  nd  thereunder — 

Sundry  Licenses.  280 

Merchants'  Licenses           .  293 

Insurance  Licenses  .  295 

Railroad  Ticket  Brokers'  l^icenses 297 

Lij^hts. 298 

Market  House  and   Market  Regulations  300 

Misdemeanors.  314 

And  thereundt^r — 

Offenses  Against  Official  Authority    .  314 

Offenses  Against  Public  Morals  ..   .  315 

Offenses  Against  I'uljlic  Safet}'  3'^ 

Offenses  Against  Public  Order.  323 

Miscellaneous  Offenses.  326 

Numbering  of  Llouses  335 

Officers. 337 

And  thereunder — 

Election  of,  how  held.  337 

Mayor 343 

City  Clerk,  Collector,  Treasurer 345 

City  Attorney  348 

Street  Commissioner 349 

Marshal  and  Police    35o 

Police  Regulations  355 

Suspensions  and  Removals  of  356 

Salaries  and  Compensation  of  358 

Permits 361 

Police  Court  .    366 

Pistol  Galleries. 375 

Plumbers 377 

Privies  and  Water  Closets  379 

Prisoners. 382 

Public  Improvements  384 

And  thereunder 

Streets,  etc...                                               3*^4 

Sidewalks,  etc.  395 

Railroads 407 


TABLE  OK  CONIENTS. 


477 


I'Ar.K 
40S 


Revenue  

And  thereunder — 

Taxation  and  Taxable  Property.  ,f,X 

Board  of  Equalization  ^,, 

Collection  of  Revenue 

Seal 

Sewers 

And  thereunder 

Piil)lic  Sewers  . 

District  Sewers 


412 
41M 
419 


419 
430 

Connections  with — how  made,  etc  4^2 

Supplies 444 

Shade  Trees  *                         441^ 

Telej^raph,  Telephone  and  Other  Poles.  446 

Vehicles 44^ 

Wards  450 

Warrants  for  Money.  451 

Water  and  Water  Supplies  452 
And  thereunder — 

Contracts— how  made,  etc.  452 

Regulation  Concerning..  454 

Witne.sses 457 

final  Provisions  of  Revision,  etc  459 

Authentication  of.  464 

List  of  Officers.  467 

Index  479 


INDEX. 


INDEX  TO  CHARTER. 


Title  of  act 

Index  to  act 

Enacting  clause    

Cities  of  third  class — incorporation  of 

Jurisdiction  not  affected 

Election  of  officers,  when  held,  etc.. 

Refusal  to  qualify,  etc.;  Justice  of  Peace  to  order  election 

Pvlective  officers — terms  of  office 

Qualifications  of  Mayor 

Mayor  to  be  President  of  Council 

Shall  sign  commissions,  drafts,  etc 
Shall  communicate  to  council,  what 
May  require  officers  to  exhibit  accounts 
May  remove  officers  with  consent  of  Council 
Shall  enforce  ordinances 

May  remit  fines,  etc  

Shall  make  written  report  to  Council 
May  appoint  what  officers 

Vacancy  in  office  of  Mayor,  how  filled — President />r6>  teiii..  du- 
ties of  

Division  of  city  into  wards — of  Councilmen 

Councilmen,  qualifications  of. 

President /ro  tempore 

Council  shall  publish  semi-annual  statement 

Powers  of  Council — witnesses,  papers 

Proceedings  of  Council,  how  kept 

Clerk,  temporary,  appointment  of 

Clerk,  duties  of 

Officers  to  be  residents  of  city— effect  of  arrearage  in  taxes 

Officers  to  take  oath,  and  give  bond— effect  of  failure  to 


r6 

i6  17 

IS 
'9 

I 

'9 

2 

20 

4 

20 

5 

21 

6 

21 

7 

21 

.s 

21 

9 
10 

21 

21 

1 1 

22 

12 

22 

i;. 

22 

14 

22 

15 

//.,  du- 

22 

16 

23 

17 

23 

iS 

23 

19 

24 

20 

24 

21 

24 

22 

24 

i:> 

25 

24 

s 

25 

25 

2.S 

26 

482  INDEX    TO    CHARTER. 

PAGE.  SKC. 

"  Officer,"  term  construed 26  27 

Delinquent  officer,  how  dealt  with 26  28 

Compensation  of  officers — not  to  be  changed  during  term 26  29 

Vacancies,  how  filled 26  30 

Corrupt  allowance  of  claims,  how  punished 27  31 

Officer  not  to  be  interested  in  contracts,  etc.;  how  punished  27  32 

Duties  of  officers  to  be  regulated  by  ordinance.    27  33 

Marshal  shall  be  Chief  of  Police — duties 27  34 

Assistant  Marshal,   duties 28  35 

Policemen,  term  of  office,  special  police,  etc.. 28  36 

Manner  of  appointing  and  duties  of  police  to   be  prescribed   by 

ordinance  28  37 

Powers  of  Assistant  Marshal  and  police 28  38 

Marshal  subject  to  Mayor,  etc 28  39 

Marshal,  etc.,  how  removed 29  40 

Police  Judge,  duties — vacancy,  how  filled 29  41 

Court  room  to  be  provided  city 29  42 

Violations  of  ordinances,  how  prosecuted,  etc 29  43 

Warrants,  how  issued  and  executed 30  44 

Police  Judge  to  hear  complaints,  etc  .  30  45 

Recognizances  forfeited,  how  enforced 30  46 

Any  number  of  persons  may  be  charged  in  one  complaint 30  47 

Police  Judge,  jurisdiction,  etc  31  48 

Proceedings  in  indictable  cases 31  49 

Continuances,  how  effected 31  50 

Witness  fees,  duty  of  Police  Judge 31  51 

Police  Judge  to  assess  punishments  32  52 

Prisoners  may  be  compelled  to  work,  etc                                 32  53 

Defendant,  to  be  discharged,  when.     32  54 

Appeals,  how  taken 32  55 

Prosecutor  to  pay  costs,   when 33  56 

Police  Judge  may  punish  for  contempt 33  57 

Police  Judge  to  file  statement  with  Clerk  of  cases  tried,  when...  33  58 

City  Attorney,  duties  of 34  59 

City  may  provide  for  counselor  or  additional  attorneys 34  60 

Assessor,  Board  of  Equalization,  etc.,  duties  of 34  6r 

Taxes,   delinquent,  etc.,  lien  of 35  62 

Delinquent  taxes,  duty  of  collector  as  to  return  of  list 35  63 


INDEX    TO   CHARTER.  483 


lAfiK. 


Collector  to  report  taxes  collected  etc 36  64 

Council   to  levy  taxes,  when  16  gc 

Tax-book   to  be  made  by  clerk 36  66 

Collector  to  turn  over  taxes  and  other  moneys  collected,  when     37  67 

Power  of  council  to  levy  taxes,  and  fix  penaltv  etc 37  68 

Poll-tax  .- 37  69 

Bonded  debt,  funding  debts,  tax  for,   etc 37  70 

Void  levy  of  tax  may  be  corrected,  how,  when 38  71 

Merchants    tax 38  72 

Licenses,  how  issued,  to  be  signed  by  Clerk  38  73 

No  exemption  from  taxation 38  74 

Depository,  how  selected,    when 38  75 

Depository,  bond  of,  etc 39  76 

Treasurer  to  deposit  in —  failure,  penalty  40  77 

Treasurer  to  pay  on    warrants,   how  40  78 

F'ailure  to  select  depository,  may  re-adverlise,  may  require  new 

bond   of  depository,  etc 41  79 

Treasurer  not  to  issue  check,  except  on  warrant,  warrant  tiot 
to   be   drawn,    nor  ordinance  appropriating  money,  when, 

Treasurer  to  report  when   

Sinking  fund,  how  invested — security  

Style  of  ordinances,   how  enacted 

Mayor  to   approve    ordinance — May    veto,     proceedings    when 

vetoed 

General  powers  of  the  Mayor  and  Council 
Council  shall  enact  what  ordinances 
May  pass  ordinances  regulating  fire  limits,  and  location  of  cer- 
tain kinds  of  business,  and  restraining  stock  from  running 

at  large — pounds    etc 45  ^(> 

Council  protect  streets,  sidewalks  and  public  places  from  en- 
croachments,   etc 

May  provide  for  sani'.ary  and  quarantine  regulations 

May  change  water  course,  how—  may  provide  City  hall,  market 

house,    etc 

May  regulate,  walks,  levees,   railroad  street  crossings  and  speed 

of  trains,  etc 

May  provide  for  inspection  of  weights  and  measures,  and  the 
weighing  or  measuring  of  articles,  and  for  the  inspection 
of  steam  boilers,  etc 


41 

80 

42 

81 

43 

82 

44 

«3 

44 

84 

45 

85 

46 

■S7 

47 

88 

47 

89 

4S 

C)f' 

48        91 


484  INDEX    TO    CHARTER. 

PAGE.  SEC. 

May  abate  nuisances,  and  prevent  and  control  spread  of  contag- 
ious diseases,  etc 48  92 

Prevent  carrying,  concealed  dangerous  weapons,  etc  49  93 

May  provide  for  sprinkling  and  cleaning  streets 50  94 

May  provide  for  lighting  streets,  etc 50  95 

May  provide  for  water  supply,  etc 51  96 

May  establish  and  construct  general  sewer  system 52  97 

District  sewers  may  be  built,  how 53  98 

Private  sewers,  control  over,  etc 54  99 

May  purchase  real  estate,  for  what  purposes ....  54  100 

Cemetery  lots,  how  conveyed 55  loi 

Opening  county  roads  adjacent  to  city 55  102 

Census  may  be  taken,  to  be  bases  of  taxation 56  103 

Claims,  how  presented  and  allowed 56  104 

Railroads,  and  street  railroads,  powers  of  council  as  to 57  105 

May  issue  bonds  for  purchase  of  real  estate,  how  57  106 

May  levy  license  and  regulate,   what 58  107 

Special  powers  as  to  public  improvements 59  108 

May  include  grading  in  street  improvements 62  109 

Paving,  etc.,  how  proceeded  with,  sidewalks,  etc 62  no 

May  open  and  improve  streets,  rights  of  way,  etc      64  rii 

May  condemn  sidewalks,  etc 64  112 

Maj' construct  sidewalks,  when 64  113 

Council   shall   make  just   compensation    for    private    property 

taken  for  public  use,  powers  of  mayor,   etc 65  114 

Notice,  etc.,  how  given,  jury  to  be   appointed,  how 66  115 

Damages  and  benefits  to  be  assessed  by  jur)'.   how 67  116 

Compromise  may  be  made,  how 68  117 

Finding   of  jury,    mayor   to  report  to  council,  tax  bills  issued 

how,  where  filed,    etc 69  118 

Either  party  may  appeal,  how,  appeals  how  tried 71  119 

Clerk  record  proceedings,  etc 74  120 

Change  of  name  of  street,  how  made 74  121 

Council,  powers  of  in  certain  matters,  limit  of  punishment  75  122 

Punishment  for  violation  of  charter,   etc 75  123 

Change   not  to  effect  rights  of  city,  etc i 76  124 

Emergencj' clause 76  125 


INDEX    TO    CHARTP:R. 


MISCELLANEOUS   INDEX. 

Ordinance  adopting  third-class  charter  . 

Ordinance  extending  city  limits   

Ordinance  selling  water  works,  etc 

Granting  privilege  to  Quigley  &  Co 

Right  to  excavate  in  streets,  etc 

Fire  hydrants,  kind  of  mains,  etc.;  machinery,    stand- 
towers,  capacity,  etc 

Rent  of  fire  hydrants,  number,  rate,  etc 

Extensions  of  mains  to  be  ordered  by  council,  number 
of  hydrants  thereon,  when  no  hydrants 83 

Provisions  governing  supply  of  water  to  private  consum- 
ers, city  buildings  to  have  water  free 

City  may  purchase  water  works,  when,  how    

City  to  pass  ordinances  condemning   right    of  way  for 
water    company 

Work  of  improvement  to  begin  when 

Payment  for  works,  when  to  be  made,  etc         

Franchise  may  be  forfeited,  city's  rights 

Quigley  &  Company  to  take  possession  when     

Conflicting  ordinances  repealed  86 

Ordinance  granting  Electric  Railway  franchise,  etc      

General  grant,  to  obtain  consent  for  right  of  way 87 

Cars  to  be  propelled  by  electric  power  only 

Route  and  location  of  tracks 

Depots,  stations,  switches,  etc.,  location  of 

Lighting  privileges  granted 

Term  of  franchise  

Tracks  to  be  laid,  how     

Engineer  to  give  grade 

Company  to  keep  street  along  tracks  in  repair 

Shall  relay  pavements,  etc 

Shall  keep  tracks  in  repair,  time  cars  shall  run,  rate  of 
fare.  

To  indemnify  city  against  loss,  etc 

Rights  of  cars  on  streets,  etc 

Rights  reserved  to  city,  etc 


48; 


PAGE. 

8Kr. 

77 

78 

80 

80 

I 

So 

2 

81 

3 

82 

4 

83 

6 

83 

7 

84 

8 

85 

9 

85 

10 

86 

11 

86 

12 

86 

13 

87 

87 

1 

87 

2 

87 

3 

89 

4 

90 

5 

90 

6 

90 

7 

90 

8 

91 

9 

9' 

10 

91 

II 

91 

12 

92 

'3 

92 

14 

486 


INDEX    TO    CHARTER. 


Assent  in  writing  for  right  of  way  to  be  obtained 92 

Company  to  file  acceptance,  when 92 

Tracks,  poles,  etc.,  how  to  be  set 93 

Company  to  pave,  how,  when  93 

Franchise  may  be  forfeited 93 

Acceptance  of  terms 94 

INDEX  TO  THE  RULES  OF  THE  COUNCIL. 

Members  shall  attend  meetings  unless  sick,  or  leave  be  granted.     95 

Quorum,  what  is 95 

Names  to  be  called  alphabetically,  absentees  may  be  brought 

in   how 95 

Punishment  for  non-attendance 95 

96 

96 
96 
96 

97 

97 


President  of  council,  when  elected,  duties 

President  to  call  meetings  to  order,  when  

Shall  preserve  decorum,  appoint  committees,  etc. 

Shall  appoint  standing  committees,    when 

Committee  on  finance,  duties  of. 

Committee  on  streets  and  alleys,  duties  of  

Committee  on  cemetery,  duties  of  .    

Committee  on  public  buildings  and  grounds,  duties  of  .   

Committee    on  lights,  duties  of 

Committee  on   water,  duties  of 

Committee  on  fire  department,  duties  of 

Committee  on  .sewerage,  duties  of  

Committees  on  police,  printing  and  sanitary,  duties  of 

Reports  of  committees  to  be  made,  when 

Resolutions,  etc.,  how  disposed  of  on  request 

Clerk    to  inform  members  and  officers,  of  what 

ORDER  OF  BUSINESS. 

Minutes  to  be  read 

Order  of  Business 

President  to  announce  order  of  business 

Business  taken  up  out  of  regular  order,  how       

Mayor,  communications  from,  read  when 

Bills,  to  have  but  one  reading  at  a  meeting,  except  monthly  ap- 
propriation   


98 
98 
98 
98 
98 
99 
99 
99 
99 


SEC. 

15 
16 

17 

18 

'9 


3 

4 
5 
6 

7 
8 

9 
10 
1 1 
12 
13 
14 
15 
16 

17 
18 

19 
20 


99 

21 

99 

22 

100 

23 

100 

24 

100 

25 

26 


INDEX    TO    CHARTER.  48; 


PAGE 


Second  and  third  readings,  amendments,  vote,  etc 100  2- 

Resolutions,  how  passed,  etc [oq  ,q 

Decorum  and  Debate — 

Member,  manner  and  order  of  speaking loi  2a 

Two  members  arising  at  once,  president  decides,  etc       loi  30 
Motions,  and  resolutions,  must  be  seconded  and  stated, 

^^^  lot  31 

Reduced  to  writing,  when loi  -,2 

New  matter,  not  permissible  by  way  of  amendment loi  y^ 

Question  under  debate,  what  motions  in  order     102  34 

Motion  to  adjourn 102  35 

Pre%ious  question,  form  of,  etc 102  36 

Division,  c-^ny  member  may  call  for 102  37 

Motion  to  strike  out,  what  amendment  allowed 102  38 

Motion  to  amend,  other  amendments  precluded,  when     102  39 

Motions  and  reports,  how  committed 102  40 

Paper,  reading  of  objected  to,  how  determined  102  41 

Members,  may  be  called  to  order,  rules  concerning 102  42 

Questions,  propounded  in  order  moved,  except 103  43 

Members,    to   vote  if  not  excused,  devision,  yeas  and 

nays 103  44 

Motion  to  reconsider,  when  allowed,  etc 103  45 

Yeas  and  nays,  entered  on  minutes,  when 103  46 

Names  called  alphabetically,  absentees 103  47 

Committee  of  the  whole,  who  to  preside 103  4,S 

Order  of  putting  questions,  etc io3  49 

Committee  of  whole,  what  rules  govern  103  50 

Motion  to  rise,  always  in  order,  etc 103  51 

Proceedings  of  committee,  duty  of  clerk  104  52 

Report  of  committees  and  resolutions,  how  presented.      104  53 

Committee,  quorum  of 104  54 

Amendment  to  an  amendment,  what  in  order  104  55 

Member,  not  to  leave  council  without  consent 104  56 

Smoking  and  conversation,  prohibited  104  57 

Cushing's  Manual,  to  govern.  HM  5^ 

Amendment  of  Rules — 

Made   only   by   ordinance,    council    may    temporarily 

suspend,  how '°5  59 


INDEX 


REVISED     ORDINANCES 


I'AGK. 


ACCOUNTS  SEC 

•to  be  kept  how  i  107 

appropriations,  how  entered                        i  loS 

money,  receipted  for,  how                             3  108 

how  distributed  4  108 

treasurer,  to  keep  what 5  108 

board  of  Health,  to  keep  what                         ...  2.26  269 

collector  to  keep  what 659  415 

ADDITIONS— 

new,  shall  conform  to  present  streets,  etc  6  109 

disjoined,  how  made  7  109 

plat  of,  who  to  file  and  record,  when  8  109 

laying  out,  when  not  approved,  penalty  ...      ^...  9  109 

plats  of,  to  be  examined  by  whom,  etc 10  no 

ANIMALS— 

running  at  large  prohibited     11  in 

marshal,  to  impound  and  care  for,  when 11  in 

may  sell,  when,  how,  etc 12  in 

ma}' employ  help,  how,  fees  of                                  13  112 

Dead  Animals — 

contract  for  removal,  how  made,  etc  14  i  13 

contractor  to  keep  book,  what 15  114 

owner  to  remove,  provisions  concerning  16  114 

when  and  how  to  be  done  17  115 

bond,  contractor  to  give,  etc.,  forfeiture 18  115 

dead  or  diseased,  left  on  street,  etc.,   misdemeanor  389  319 


INDEX  TO  REVISED  ORDINANCES.  487 


PAGE. 


APPEALS— 

in  condemnation  proceedings,  when  and  how  taken     .  65  13S 

city  attorney,  to  make  affidavit,  papers,  etc  4S6  349 

permits,  when  refused,  appeals  from   544  ^62 

police  court  and  judgments,  how,  when,  etc  566  372 

notice  of,  when  to  be  given ...    567  -^72 

when  taken,  to  operate  as  supersedias  ^6"^ 

APPOINTMENTS— 

city  engineer,  how  and    when 87  147 

members  of  fire  department 104  153 

board  of  health,  mayor  to  appoint  224  268 

secretary  of  board,  mayor  to  make  225  269 

vacancy   in  office,   manner  of }6o  341 

when  not  specially  provided  for 461  341 

council  to  make,   how  and  when  463  341 

street   commissioner,  how  and   when .  48S  349 

special  tax  attorney,  ma}-or  to  make,  etc 666  41S 

ASHES— 

how  and  where  deposited 99  152 

misdemeanor,  when 3S7  319 

ASSESSOR  AND  ASSESSMENT  OF  PROPERTY— 

property,  how,  when  and  by  whom  assessed  19  116 

owner,  sick  or  absent,  how 20  iiS 

list  to  be  sworn  to,  penalty  for  failing  to  have  21  119 

form  of  oath,  refusal  to  make,  penalty — to  be  filed   22  119 

assessor  to  make  list,  when,   etc 23  120 

list,  failure  to  make  when  notified,  assessed  double,  etc  24  120 

false  list  returned,  duty  of  assessor  and  board 25  121 

manufacturing  and  other  corporations,  how  assessed  26  121 

building  and  loan,  assessment  of  stock,   etc  27  122 

corporation  to  pay  tax  on  stock,   etc  28  122 

officer  refusing  to  comply,  provisions,  penalty.  29  1 23 

assessor's  book,  last  one  to  be  delivered  to  assessor,  etc..  30  123 

property  to  be  listed  in  book  

assessor's  book,  how  kept,  etc  

property  omitted,  how  assessed v^  '-4 

assessment,  not  effected  by  delay,  etc 34  124 

property,  how  valued,  tracts,  lots,   etc.,  assessed  .vS  '24 

what  not  required  to  be  listed,   etc 


■  23 
123 


3^  '  25 


490  .  INDEX  TO  REVISED  ORDINANCES. 

SEC.  PAGE. 

credits,  how  listed,  etc 37  125 

absence  of  head  of  family,  duplicate  list  to  be  left,   etc 38  126 

all  property  owned   June  ist  to  be  assessed,  etc 39  126 

assessor's   book,  returned  how  and  when,  failure  to  make, 

penalty,  etc 40  126 

clerk  to  extend  and  make  tax  book,  etc 41  126 

assessor's  book,  manner  of  preparing,  etc 42  127 

tax  book,  clerk  to  certify  and  deliver  to  collector 43  127 

compensation  of  assessor 44  127 

state  law,  when  to  control 45  127 

assessor,  bond  of 465  342 

ATTORNEY— 

city  attorney,  general  duties  of. 485  348 

appeals,  to  make  affidavit,  papers,  etc.  .. 486  349 

absent,  sick,  etc.,  may  appoint  attorney  to  act 487  349 

suspension  proceedings,  to  prosecute 515  35.S 

salary  of  city  attorney 523  359 

special  tax  attorney,  mayor  to  appoint 666  418 

BAWDY  HOUSES— 

to  keep,  be  found  in,  etc.,  misdemeanor 383  317 

keeper  of,  who  deemed 384  317 

lodgers  in,  etc.,  misdemeanor 436  331 

prostitute,  plying  vocation,  misdemeanor ;..     437  332 

rooms,    to   rent,    occupy,    etc..    for    prostitution,     misde- 
meanor   438  332 

BILLS— 

cemetery  bills,  to  be  presented  to  council 47  12S 

claims,  etc.,  against  city,  time  of  filing 756  452 

BOARD  OF  EQUALIZATION— 

who  to  constitute,  duties,  compensation,  etc 649  411 

false  list  returned,  board  to  treble  taxes,  etc 25  121 

BOARD  OF  HEALTH 

who  to  constitute,  appointment  and  compensation 224  268 

secretary  of,  mayor  to  appoint  225  269 

duties  of  secretary 226  269 

duties  of  board,  generally                     227  269 

mav  enter  tenement,  etc 228  .269 


INDEX  TO  REVISED  ORDINANCES.  491 


SEC.  I'.\i;e. 

272 


quarantine  regulations  and  pest-houses,  to  prescribe,  etc  240 

infectious  disease,  duty  concerning 241  2-2 

vaccination,  to  give  certificate  of,  etc 246  2~^ 

contagious  disease  in  school,  to  be  reported  to  248  2-4 

records  of  births  and  deaths,  to  superintend  250  2-4 

births  and  deaths,  to  furnish  blanks  for  report  of 251  274 

vital  statistics,  to  prescribe  riiles  relating  to  255  275 

quarantine  regulations,  to  establish  and  report  257  276 

to  determine  extent  of 25S  276 

manner,  rules  and  regulations  of 259  276 

notice  of,  to  be  given  to  carriers,  etc  260  277 

infected  district,  to  come  from  must  have  permit,  etc 261  278 

quarantine  station,  maj'  send  patients  to 262  278 

marshal  and  police,  subject  to  orders  of 263  278 

quarantine  station,  may  procure 265  279 

salary  of 532  359 

closets,  to  order  connected  with  sewer,  when  s>'4  ",So 

marshal,  etc.,  to  report  violations  to  board,  what  5>>^i  3S1 

BOARDING   HOUSES— 

license  tax  on 268  2S3 

water  closets,  must  have 5^'  379 

BOOKS— 

of  accounts,  how  kept i  '07 

treasurer,  what  accounts,  etc.,  to  keep  5  "^^ 

tax  books,  how  and  when  made 42  126 

assessor's  books,  form  of,  etc 42  126 

record  of  condemnation  proceedings,  etc.,  what  66  140 

board  of  health  to  keep,  what  -26  269 

collector,  what  to  keep,  etc  ..  '''^'^  •'" 

BONDS— 

dead  animal  contractor,  must  give  what  i'""  ''5 

sexton  of  cemetery                              57  '3"^ 

marshal  436n  \\^ 

collector    •'  • 

assessor 

treasurer     

policemen 


465  :-v- 

466  342 

;■  "  "-J3 


492  INDEX  TO  REVISED  ORDINANCES. 

SEC.  PAGE. 

night  scavenger 553  365 

plumbers 579  377 

defendant  in  police  court,  when  to  give 558  367 

appeals,  from  police  court,  what  required  566  372 

excavations,  etc.,  of  street,  indemnity  bond  for  550  364 

street  improvement  bond,  liabilit}'  of  sureties  on 606  388 

public  improvements,  bidder  for,  to  give  what  611  390 

contractor  for  same,  what  required  612  391 

sewer  connections,  to  make,  must  have 728  443 

water  supply,  when  in  dispute,  to  retain  supply  consumer 

must  give' 766  456 

BUILDINGS— 

what  prohibited  within  fire  limits  93  150 

erection,  or  removal  within,  misdemeanor,  when                       94  150 

to  injure  or  deface,  misdemeanor 420  328 

to  build,  repair,  etc.,  must  have  permit 542  361 

must  have  water  closets 581  379 

BUILDING  AND  LOAN  ASSOCIATIONS— 

shares  of  stock,  how  taxed,  assessed,  paid,  etc 27     28  122 

officer,  failing  to  pa}-  tax,  etc.,  penalty.                                          29  123 

CATTLE— (5^^  Animals.) 

CEMETERY— 

management,  control  and  location  of 46  12S 

bills  for  improvement  of,  how  allowed  and  paid 47  128 

lots,   price  and  schedule  of,  mayor  to   convey,    burial   of 

poor,  etc 48  128 

deeds  to  lots,  clerk  to  record,  etc 49  129 

price  to  be  paid,  before  deed  delivered,  mayor  responsible, 

when 50  129 

proceeds  of  sale  of  lots,  mayor  to  pay  to  treasurer,  etc  51  129 

sales  of,  mayor  to  report  to  council 52  129 

sexton,  mayor  to  appoint,  duty  and  compensation 53  129 

graves,  depth  of 54  130 

sexton,  to  keep  what  record,  etc 55  130 

regulations  governing,  punishment  for  violation.- 56  130 

bond,  sexton  to  give,  etc 57  130 


INDEX  TO  REVISED  ORDINANCES.  49-, 


-EC  fA<iK. 

deed  and  certificate  to  lots,  mayor  to  execute                             4-0  744 

duplicate  plat  of  lots,  mayor  to  keep 4- ;  ... 

CHARITY,  BOARD  OF— 

.who  constitutes,  purposes  and  duty  of ^^8  i^i 

to  keep  records,  make  reports,  etc 50  i-| 

CLERK,  CITY— 

books  of  account,  what  and  how  to  keep i  jq- 

to  furnish  assessor  books  and  blanks 19  116 

last  assessment  book,  to  deliver  to  assessor,  etc.                         30  123 

tax  list  and  book,  to  extend  and  make                                         41  126 

assesser's  book,  to  attest  accuracy  of,  etc „ 42  126 

tax  book,  to  deliver  to  collector,  attested,  etc 43  127 

deeds  to  cemetery  lots,  to  record,  how              49  129 

notices  in  condemnation  proceedings,  to  issue 61  133 

appeals   under  such   proceedings,    to   make  and  file  tran- 
script, etc           65  138 

condemnation  proceedings,  to  make  and  file  full  record  of.     66  140 

dramshop   licenses,  to  issue  when,  etc 82  146 

licenses,  to  subscribe  and  affix  seal  of  city  to 301  292 

to  issue  and  charge  collector  with,  when 302  293 

merchant's   statements,    to  make   abstract  of  and  charge, 

how :... 306  294 

elections,  duty  relating  to 454  33^ 

poll  books,  blanks,  etc.,  must  prepare 455  33'^ 

returns  of  election,  duty  concerning 45^  339 

election  of  clerk,  term  of  oifice 475  345 

bond  of 476  346 

records,  accounts,  etc.,  what  to  keep                                           477  34^ 

licenses,  duty  concerning 47^  34^ 

tax  book,  to  make,  extend,  etc 479  347 

"city  register"  to  mean  clerk                                  481  347 

compensation   of 5^0  359 

plumbers' license,    to   issue 577  377 

shall  certify  to  record  of  prisoners  worked 593  3^3 

bonds  of  contractors,  to  file  and  preserve 612  391 

special  tax  bills,  to  issue,  etc ^^4  39^ 

to  divide  into  three  payments,  when                                         618  394 


494  INDEX  TO  REVISED  ORDINANCES. 

SEC.  PAGE*. 

tax  bills,  for  sidewalks,  to  issue 632  402 

to  deliver  to  contractor  and  take  receipt  for,  when 636  404 

repairing  sidewalks,  to  issue  tax  bills  for 639  406 

delinquent  tax  book,  duty  to  make 662  417 

when  making  book,  may  receipt  for  taxes,  how 664  417 

claim,  etc.,  against  city,  filed  wdth,  when 756  452 

ordinances,  to  file,  number,  preserve,  etc 779  462 

COLLECTOR— 

to  keep  what  books  i  107 

to  receipt  clerk  for  tax  book 43  127 

shall  collect  dramshop  license 83  146 

license  tax  to  be  charged  to,  collected  by,  etc 302  292 

to  be  charged  with  merchants'  statements  306  294 

bond  of. 364  342 

duties  of 483  348 

compensation  of 522  359 

to  collect  special  tax  for  repairs  of  sidewalks                640  406 

to  give  notice  to  taxpayers,  how,  when 650  412 

shall  furnish  non-residents  with  lists,  etc 653  413 

may  make  levy  for  tax,  etc 654  414 

shall  credit  payment  of  taxes,  how  658  415 

shall  keep  accounts,  and  report  what,  how 659  415 

shall  return  delinquent  list,  when,  how 660  416 

shall  receipt  for  delinquent  tax  book  662  417 

shall  collect  delinquent  taxes,  etc  663  417 

shall  receipt  for  delinquent  taxes  paid  pending  making  of 

book 664  417 

penalty  for  failure  to  return  delinquent  list 665  418 

may  sue  for  delinquent  taxes,  etc 666  418 

CONCEALED  WEAPONS— 

carrying  of,  misdemeanor 433  330 

CONDEMNATICN  OF  PRIVATE  PROPERTY— 

proceedings,    compensation,   how  determined,  mayor   and 

clerk 60  132 

benefit   district,  how    fixed,    plat   of — notice,    what   to   be 

given,  etc 61  133 

jury,    to   make   assessment,    sign    verdict,  etc.;  failure  to 

agree,  what 62  134 


INDEX  TO  REVISED  ORDINANCES.  495 


8EC. 


council,  may  make  what  compromises,  etc 63  13s 

verdict,  to  be  reported   and  acted  upon,  how — special  tax 

bills  to  issue,  regulations  concerning 64  136 

appeals,  how  taken,  proceedings  and  judgments  thereunder    65  138 

record,  clerk  to  keep  what — cost,  how  paid,  etc  66  140 

CONTAGIOUS  DISEASES— (5i'^  Health  Department .\ 

CONTRACTORS— 

dead  animals,  for  removal  of .  14  11^ 

duties  concerning  carcasses,  etc 15     i6  114 

bond  of  such  contractor 18  115 

for  street  improvements,  bond  of,  etc 612  391 

sidewalks,  construction  of,  requirements,  etc 621  396 

COSTS— 

informer  to  pay,   when   ..  .  570  374 

COUNCIL— 

lights,  may  contract  and  provide  for,  etc 320  29.S 

stands  in  market  house,  to   establish   price  and   terms   of 

renting 327  302 

elections,  to  fix  places  and  appoint  judges  thereof,  etc 455  338 

meetings  of  council,  regular  and  special 459  340 

suspension  proceedings,  to  hear  evidence,  etc  512  357 

decision  concerning,  when  to  be  made 513  357 

poles  and  wires,  to  approve  line  of  route  for 738  447 

may  change  location  and  height  of,  when 739  447 

water,  to  make  contracts  for,  limits  of 75^  45'2 

bill,  may  pass  over  mayor's  veto 77°  460 

COUNCILMAN— 

qualifications  of,  tie  or  contest,  how  decided 453  337 

mayor,  may  prefer  charges  against,  etc SM  357 

salary  of 53i  359 

DAMAGES— 

in  condemnation  proceedings,  how  assessed  62  134 

party  exempted  from  when °3  '35 

DEFINITIONS— 

"year"  and  "dog"  as  used  in  chapter  eight 75  «44 

words  and  phrases  concerning  licenses 267  282 

"merchant"  term  defined  ^^^  ^93 


496  INDEX  TO  REVISED  ORDIXAXCES. 

#EO.  P     GE. 

"city  register"  means  clerk  481  347 

words  and  phrases,  concerning  revenue      648  409 

"the  engineer"  when  used  in  sewer  specifications 671  420 

"as  indicated"  when  used  in  specifications 672  420 

"heretofore"  and  "hereafter"  in  ordinances 774  461 

words  importing  plural  number,  scope  of 775  461 

words  importing  singular  number,  masculine,  gender 776  461 

DOGS— 

three  months  old,  to  be  registered  and  tax  paid 67  142 

tax  on,  to  wear  collar,  be  registered,  etc.,  how,  etc 68  142 

registered  dog,  to  wear  collar,  kind  of,  etc 69  142 

running  at  large,  to  wear  muzzle,  when 70  143 

maybe  impounded,  when  killed,  etc 71  143 

howreclaimed  from  pound,  fees,  etc 72  143 

collar  lost,  dog  to  be  released  and  provided  with  new,  how.     72  143 

bitch  in  heat,  when  impounded  and  killed,  fees  to  redeem.     74  144 

"year"  and  "dog,"  meaning  of,  etc 75  i44 

what  dogs  liable  to  tax,  and  when 76  144 

unregistered  or  unmuzzled,  to   keep,  misdemeanor,  when       77  144 
what  dogs  exempt   from   tax, — fee  of  marshal  for  killing, 

dog  78  145 

DRAMSHOP— 

shall  pay  what  license,  when -.      79  14s 

defined 80  145 

marshal  to  make  list  of,  etc 81  145 

clerk  to  issue  license,  when 82  146 

collector  to  collect  license,  and  report  delinquents 83  146 

license  not  transferable,  term  of,  fair  week,  etc 84  146 

misdemeanor  to  violate  law  concerning 85  146 

duties  of  marshal  and  police  as  to,  penalty  for  failure  in    .     86  147 

to  keep  open  on  Sunday  or  after  midnight,  misdemeanor-    379  316 

misdemeanor  to  emplo}'  females  in 380  316 

misdemeanor  to  sell  to  minor 382  317 

ELECTIONS— (^.f"^  Officers. ) 

general  provisions  concerning,  time  of  holding 453  337 

state  law  to  govern,  except  as  to  filing  certificates  of  nom- 
inations, etc.,  city  clerk  and  marshal  to  perform  what 

duties 454  338 


INDEX  TO  REVISED  ORDINANCES.  497 

SEC.        pa);k. 

judges  of,  duties,  polls  open  and  close  what  time 455  338 

returns,  by  whom  and  how  canvassed,  etc 456  339 

compensation  of  judges  and  clerks 339  360 

of  clerk,  to  be  by  the  council 475  345 

ELECTRIC  WIRES  AND   POLES— 

see  "telegraph,  telephone  and  electric  wires  and  poles," 
franchises,  "miscellaneous" 

ENGINEERING  DEPARTMENT.— (5^<?  Engineer.) 

department  established,  officers,  how  appointed,  qualifica- 
tions, term,  compensation,  when  paid  87  147 

engineer  to  file  oath  and  bond,  requisites  of. 88  147 

engineer,  duties  of 89  148 

engineer,  additional  duties 90  148 

shall  give  lines  and  grades  free,  when 91  148 

shall  makereports 92  148 

shall  inspect  materials  for  improvements,  etc  598  3S6 

shall  make  estimates  for  what  work 608  389 

shall  make  calculations  of  what  work,  when 614  392 

ENGINEER. — {See  Engineering  Department.) 

salary  of  engineer 524  359 

shall  issue  what  permits — [see  permits) 

shall  inspect  and  approve  plans  for  buildings 
may  refuse  permit  when,  appeal  from,  how 
shall  keep  record  of  permits 

FACTORIES— (5'<?^  Privies  and  Water  Clo.'iets.) 

shall  have  water  closets,  etc  5>'~'i  379 

FEES— 

for  selling  impounded  animals 

of  weighmaster,  for  testing  scales,  etc 

of  weighmaster  for  weighing  on  city  scales 

for  measuring  wood,  etc 

of  witnesses  before  police  judge 

of  collector 

weighmaster 

juries  in  condemnation  cases 

for  certified  copies  of  ordinances,  etc 

witnesses,  policemen  as,  etc 


543 

362 

544 

362 

552 

365 

13 

1 12 

365 

311 

368 

3»2 

370 

3' 3 

541 

36<j 

522 

359 

533 

359 

53« 

360 

565 

371 

768 

457 

498  INDEX  TO  REVISED  ORDINANCES. 

FLUES SKC.  PAGK. 

to  be  cleaned  when 98  152 

FIRES,  FIRE  LIMITS,  FIRE  WORKS^(5',?<f  Fire  Department  for  all.) 
FIRE  DEPARTMENT— 

fire  limits,  provisions  governing 93  150 

prohibited  structures,  how  delt  with,  punishment 94  150 

hay,  straw,  etc.,  not  to  be  kept  where,  how  removed -       95  151 

provisions  concerning  position  of  stoves,  stove  pipes,  etc....     96  151 
inspection  of  buildings  by  marshal  when,  to  report  result 

to  clerk,  fees  for 97  151 

chininej's  and  flues  to  be  cleaned  when,  inspection  of 98  152 

ashes  where  deposited,  fire  works  prohibited 99  152 

punishment  for  violation  of  article 100  152 

fire  department  to  consist  of  whom loi  152 

chief  to  hold  till  removed  for  cause,  powers  at  fires,  va- 
cancy   102  152 

to  be  foreman  for  each  company,  duties,  etc 103  153 

foremen  and  members,  how  appointed,  removal  of 104  153 

qualifications  of  members 105  153 

chief,  special  duties  of  at  fires,  etc 106  153 

foreman  to  act  as  chief  when,  powers  of 107  154 

chief  to  inspect  bviildings  and  fire  apparatus,  etc loS  154 

chief  and  committee  to  provide  fire  alarms,  alarms  to  be 

given  how,  penalt\^  for  failure  of  police  to 109  154 

chief  to  keep  records  of  what,  and  report  to  council no  154 

foremen,  duties  of,  to  keep  what  records 11 1  155 

members  to  perform  what  duties 112  155 

what  associations  may  organize,   members  of  fire  depart- 
ment not  to  do  electioneering,  intoxicating  liquors  not 

to  be  kept,  penalty  for  into.xication 113  156 

loafing  prohibited,  no  religious  or  political  test 114  156 

duties  at  fires,  racing  to  or  from  fires  prohibited,  etc 1 15  156 

rights  of  department  in  rising  hose  at  fires 116  156 

members  refu.sing  to  pay  debts  may  be  dismissed 117  156 

compensation  of  officers  and  members  of 118  157 

FIRE  PROTECTION  AGAINST— 

wooden  buildings  to  be  petitioned  for  before  built,  etc 119  157 

engineer  to  i.ssue  permits,  provision  of 120  15S 


INDEX  TO  REVISED  ORDINANCES.  499 

SKC.  l'A(iE. 

buildings  not  to  be  erected  without  permit 121  158 

boiling  pitch,  etc.,  regulation  of 122  15S 

substances  not  to  be  burned  where 12^  1^9 

livery  and  stable  keepers  shall  use  safety  lamps 124  159 

hay,  etc.,  to  be  kept  where 125  159 

carrying  burning  coal  or  brands  in  streets  prohiVnted 126  159 

lighting  gas,  required  how 127  159 

firearms  not  to  be  discharged,  unless 12S  159 

fire  works,  etc. ,  discharge  of  prohibited 129  159 

crackers,  .squibs,  etc.,  discharge  of  prohibited 130  160 

stoves  set  near  wooden  wall,  how  fixed 131  160 

stoves  to  be  set  how  with  reference  to  communicating  fire  132  160 

stove  pipes  through  roofs,  height  of,  how  enforced 133  160 

smoke  .stacks,  height  of  above  adjacent  buildings 134  160 

flues  to  be  cleaned  when,  how,  penalty  for  violating  pro- 
visions of. 135  '^' 

punishment  for  violating  the  provisions  of  this  article 136  161 

FOUNDRIES— 

shall  have  water  closets,  etc   ..    S^^'  379 

GOATS— (5^^  Anhnals.) 

GRADING  OF  STREETS— 

may  be  included  in  contract  of  paving,  etc  54'^  ,^\S 

GRAVES— 

who  shall  dig,  fill,  etc,  in  cemetery  5>  '-y 

depth  of 

GRADES  OF  STREETS— 
Barrett 

Benton  

Boonville 
Broadway 
Brown 
Carr. 

Center 

Chestnut  

Clay 

Cooper 
Depp 


I  ;o 


170 

,hM 

im 

•■>  > 

l\} 

-'5 

.;nj 

■,S<' 

172 

'.V 

.64 

1  Ji 

167 

122 

266 

500  INDEX  TO  REVISED  ORDINANCES. 

SEO.  PAGE. 

Eastern 221  266 

Emmet 220  265 

Engineer 211  258 

Grand 190  223 

Harvey 154  175 

Harrison 191  226 

Hancock 206  251 

Heard 223  267 

Henry 138  164 

Hill , 214  261 

Howard 153  174 

Hurley 213  261 

Ingram 203  248 

Jackson 148  171 

Jefferson 143  169 

Johnson 139  165 

Kentucky 195  234 

Lamine 198  241 

Lafayette 201  247 

Linn 159  182 

Massachusetts.   199  244 

Magnolia I74  207 

Main 155  I75 

Marvin 207  252 

Missouri 192  228 

Mill - 202  248 

Moniteau 194  231 

Montgomery               208  254 

Morgan 140  166 

New  York 218  263 

No   name 205  251 

Ohio  197  239 

Osage 196  236 

Pacific 145  170 

Park 186  219 

Pettis , 142  168 

Porter 217  262 

Prospect                                                       189  222 


INDEX  TO  REVISED  ORDINANCES.  5c  I 


8EC.  PAOK. 

221 


Quincy iSg 

Randolph  216  262 

Saline 252  174 

Sneed ,85  218 

Stewart 187  220 

St.  Louis 144  ,70 

Summit 210  256 

Thompson 183  217 

Thomson 204  250 

Tower 147  171 

Vermont 193  230 

Wagner 212  260 

Washington  _..  — 200  244 

Walnut. — 149  172 

Western 219  265 

Wilkerson 157  179 

Second 156  177 

Third -.- 158  I79 

Fourth 160  182 

Fifth 161  1S5 

Sixth  (a) 162  187 

Sixth   (b) 163  1S7 

Sixth  (c) 164  188 

Seventh  165  iJ>9 

Ninth 167  194 

Tenth 168  196 

Eleventh  1^9  i99 

Twelfth 170  201 

Thirteenth i/'  202 

Fourteenth '72  203 

Fifteenth '73  205 

Sixteenth '75  207 

Seventeenth '76  2in 

Eighteenth '77  211 

Nineteenth '^^  2i2 

Twentieth ^"9  ^^-^ 

Twenty-third  '''^"  "^ 

Twentv-fourth 


502  INDEX  TO  REVISED  ORDINANCES. 

HAY —                                                                                                         SKC.  PAciK . 

not  to  be  kept  where 95  15' 

HEALTH  DEPARTMENT— 

board  of  health,  who  constitutes,    how  appointed,  compen- 
sation of. 224  268 

secretary,  mayor  to  appoint 225  269 

duties  of  secretary 226  269 

duties  of  board 227  269 

power  of  board  to  enter  houses,  etc 228  269 

Contagious  Diseases — 
board  to  prescribe  quarantine  regulations  and  provide  pest 

house ! 240  272 

to  be  reported  to  board,  duties  concerning 241  272 

sign  of  to  be  put  up,  by  whom  and  when 242  272 

person  having  or  exposed  to,  must  have  certificate  of  phy- 
sician               243  273 

to  enter  or  depart  from  house  infected,  must  have  permit     244  273 

such  permit,  granted  when 245  273 

schools,  to  enter,  must  have  certificate  of  what  from  board  246  273 

teacher,  failure  to  require  certificate,  misdemeanor 247  273 

schools,  disease  in,  to  be  reported  to  board 248  274 

misdemeanor,  to  violate  provisions  concerning 249  274 

Nuisances— 

not  to  keep,  causes  permit,  e'tc 229  270 

vegetable,  waste,  garbage,  etc.,  when 230  270 

privy,  vault,  etc.,  when 231  270 

drains,  garbage   boxes,  etc.,  when          232  270 

lot  with  pond  or  pool,  impure  water,  when 233  270 

stable,  stall,  pen,  etc.,  when 234  270 

bouse  offal,  etc.,  when 235  271 

green  or  unsalted  hides,  when 236  271 

slaughterhouse,  meat  shop,  etc.,  when                                         237  271 

police  to  report 238  271 

to  keep,  etc.,  a  misdemeanor                                                         239  271 

Quarantine  Regulations — 

board  to  establish  when                                                                    257  276 

to  apply  to  what 258  276 

when  to  be  established  and  extent  of                                           259  276 


INDEX  TO  REVISKI)  OKI  )1.\  ANCKS.  50^ 

notice  of,  to  whom  given— failure  to  comply  with,  a  misfle- 

meanor 260  277 

railroad  train  from  infected  district,  nmst  have  permit   to 

enter  city — failure  to,  misdemeanor 261  27,S 

quarantine  station,  persons,  etc.,  sent  to,  when                         262  27S 

orders  of  board,  marshal  and  police  subject  to 26^  27S 

failure  or  refuss.1  to  comply  wnth,  penalty 264  27S 

quarantine  station,  board  to  procure,  when,  where,  etc           265  279 
Vital  Statistics — 

births  and  deaths,  record  of 250  274 

physicians  and  midwnves,  to  report 251  274 

cause  of  death,  certificate  of,  burial  lots,  etc 252  274 

when  remains  shipped,  w'hat  required 253  275 

coroner  to  report  inquests  to  mayor 254  275 

board  of  health,  rules,  etc , 255  275 

misdemeanor — what 256  275 

HOTELS- 

to  pay  license,  amount  of     272  286 

sewer  connections  of,  how  made,  shall  have  water  closets.    5S1  379 

HOGS— (^^^  Animals.) 
HORSES— (5<f<?  Animals.) 
HOSEMEN— (5^^  Fire  Department.) 
INTEREST— 

rate  of  on  certain  bills  for  improvements 

rate  of  on  installment  tax  bills  for  improvements 

rate  of  on  tax  bills  for  sidewalks  built  by  city 

rate  of  on  tax  bills  for  sidewalks  built  under  contract 637 

rate  of  on  tax  bills  for  repairing  sidewalks  by  city 

rate  of  on  tax  bills  for  district  sewers  

INSURANCE  CfMPANIES— (.S'^r /,?V^';/.s-,?,v,  Ta.xatiou.  etc.) 

to  pay  license,  how,  when 

agent  doing  business  without,  penalty 

broker  in,  defined 

broker  in  to  pay  license,  how 

agents  failing  to  pay,  etc.,  penalty  for 
JAILS- 

shall  have  water  closets,  etc  3'"^'  .^79 


616 

393 

6kS 

394 

632 

402 

637 

404 

639 

406 

724 

44" 

j'O 

29s 

31 1 

296 

.^^ '  ■ 

296 

:>'3 

296 

,U4 

296 

504  INDEX  TO  REVISED  ORDINANCES. 

&EC.  PAGE. 

misdemeanor  to  escape  from,  when 422  328 

to  convey  means  of  escape  to  prisoner  in,  penalty 423  328' 

marshal  shall  be  ex  officio  keeper  of. 556  367 

JURIES— 

in  condemnation  cases,  number  of,  how  appointed 60  132 

to  be  empaneled,  when 61  133 

shall  assess  damages  and  benefits,  how,  etc 62  134 

appeals  in,  six  to  try  appeal  in  circuit  court 65  138 

fees  of  juries  in  condemnation  cases 538  360 

fees  of  in  police  court,  verdicts  of,  etc 564  370 

LAWS — [See  Ordinances,  Charter,  Constitution,  etc.) 

LICENSES— 

dramshops  shall  pay,  amount  of. 79  I45 

term  of  for  dramshops,  not  transferable 84  146 

plumbers  shall  obtain,  term  of 577  377 

who  must  have,  generally 266  281 

definitions  of  phases,  etc.,  concerning 267  282 

amount  of  on  sundry  avocations 268  283 

on  billiard,  pool  and  other  tables,  bowling  alleys,  etc 269  286 

on  livery  stables,  feed  stables,  wagon  yards,  etc 270  :86 

on  teams,  wagons,  drays,  carriages,  etc 271  ?S6 

on  hotels,  etc 272  286 

on  hotel  runners,  regulations  concerning 273  2S6 

on  restaurants 1 274  287 

bootblacks 275  287 

on  agricultural  implement  dealer 276  287 

meat   shops 277  287 

circuses  and  shows  in  general 278  288 

theatrical  shows,   etc.,  when  279  288 

opera  houses 280  288 

rope  dancing,  spirit  rapping,  street  organ,  etc...  281  288 

peddler's,    hawker's,  etc 282  2S8 

auctioneer's 285  289 

auctioneers  exempt  from,  when 284  289 

to  give  what  bond,  to  pay  ad  valorum,  etc  .  285  289 

failure  to  comply  with  terms  of,  penalty 286  290 

pawn  broker,  money  broker  to  pay,  etc       .  287  290 


INDEX  TO  REVISED  ORDINANCES.  505 


PAGE. 
290 


pawn  broker  defined  288 

shall  give  bond,  etc 289  290 

shall  keep  register,  issue  tickets,  etc 290  290 

such  register  open  to  inspection  of  whom 291  29r 

tax  on  pawn  broker 292  291 

on  money  brokers 297  291 

wood  and  coal  dealers 298  291 

ice  wagons 299  292 

Sunday,    license   shall   not   authorize   doing   business  on. 

penalty  for,  etc 300  292 

shall  run  what  term,  except,  etc  301  292 

shall  be  paid  in  advance 302  293 

to  do  business  without,  penalty 303  293 

merchant's  license,  term  defined  304  293 

shall  pay  when,  term  of,  may  pro  rate   309  295 

insurance  companies,  rate   on,  etc 310  295 

insurance  agent  or  broker,  rate  on,  etc    313  296 

railroad   ticket  brokers,  rate  on  etc 317  297 

pistol  galeries.  to  pay,  how  obtained,  clerk  to  issue 573  375 

amount  of,  etc.,  paid  when 574  37^ 

may  be  revoked,  how 575  37^ 

LIGHTS— (5^<'  Miscellaneous,  Franchises,  etc.) 

contracts  for  public  etc.,  how  made 32"  29S 

LIENS— 

of  tax  bills  in  benefit  assessments,  etc 

of  cash  tax  bills  for  paving,  etc 

of  installment  tax  bills  for  same       

of  tax  bills  of  sidewalks  constructed  by  city 

of  tax  bills  for  sidewalks,  made  under  contract 
of  tax  bills  for  repairs  of  sidewalks  by  city 
of  tax  bills  for  district  sewers. 

LIVERY  STABLES— 

shall  use  safety  lamps  in 

shall  pay  license 

shall  have  water  closets 

MARKETS  AND  MARKET  HOUSE— 

location  of 

market  stands,  where  kept 


64 

•36 

616 

393 

618 

394 

632 

402 

637 

404 

639 

406 

124 

159 

270 

2S6 

581 

379 

321 

301 

322 

331 

5o6  INDEX  TO  REVISED  ORDINANCES. 

SEC.  PAGE. 

regulation  of  vehicles  in 323  301 

market  house  stalls,  how  used,  etc 324  301 

wagons,  etc.,  regulations  concerning 325  301 

arrangement  of  market  house  stalls 326  301 

stalls,  how  rented 327  302 

rents,  how  paid,  general  provisions 328  303 

vacant  stalls  to  be  rented,  how    329  303 

occupants  to  paint  stalls 330  303 

leases  for  stalls,  provisions  concerning 331  304 

shall  have  lease  or  permit,  etc                                                     332  304 

transfer  of  lease,  how  made,  etc                                                  333  304 

lease  may  be  canceled,  proceedings  to                                         334  304 

,     market  inspector,  duties  of. 335  304 

may  enforce  rules,  laws,  etc 336  3Q5 

to  superintend,  what,  etc 337,  338  305 

to  keep  scales,  weigh  articles,  etc.,  fees  for 339  305 

articles  to  be  forfeited,  when,  etc 340  306 

who  may  be  removed  from  market,  how,  etc ..  341  306 

misdemeanor  to  violate  certain  provisions 342  306 

market  to  be  kept  open,  when,  etc 343  307 

city  bell,  market  master  to  ring  344  307 

occupants  of  stalls  to  clean,  etc 345  307 

market  to  be  supplied  with  water 346  307 

occupants  of  stands  to  sell  how,  others  not                      347  307 

farmers  and  packers  may  sell  what,  etc         348  308 

what  shall  not  be  sold  in 349  308 

other  articles  prohibited 350  308 

vehicles  removed  from,  when 351  309 

refreshments  may  be  sold  in,  no  intoxicants                            352  309 

fuel,  not  to  light,  when,  etc                   353  309 

loafing  in  or  about  prohibited                           354  309 

persons  intoxicated  prohibited  in                                   355  309 

dogs,  etc.,  prohibited  in  356  309 

live  shock  in,  provisions  concerning                                            ;,57  3^9 

"offer  for  sale,"  defined 358  309 

lease  forfeited,  when,  for  failure  to  sell 359  310 

lease  forfeited  for  violation  of  rules,  etc.,  when                       360  310 

rules,  etc.,  of,  by  whom  made,  etc 361  310 


fiKC . 

TACIK. 

362 

3'o 

563 

3'o 

364 

3" 

365 

3" 

366 

3' ' 

3'!? 

3' 2 

368 

312 

369 

3>2 

370 

3' 3 

371 

313 

INDEX  TO  REVISED  ORDINANCES.  507 

rules  to  be  printed  and  posted,  how 

"six  block  limit,"  meat  shops  prohibited  in 

bond  of  market  inspector,  duties,  etc 

duties  of  market  inspector,  special 

to  inspect  scales,  etc.,  when 

owners  of  scales,  etc.,  duties  as  to  

city  scales,  seller  must  weigh  on,  etc 

certificate  of  weighmaster,  must  have 

wood  shall  be  measured,  etc.,  certificate 

violations  of  chapter,   how  punished 

MARKET  INSPECTOR— i^^,?-  Markets  and  Market  J  louse. ) 

MARSHAL  AND  POLICE— 

shall  impound  what  animals 

shall  sell  impounded  animals  when,  how 

may  appoint  help  to  impound,  etc.,  how,  fees,  etc 13 

to  be  member  of  board  of  charity  

to  register  dogs  and  collect  tax  on,  etc 6S 

to  impound  and  kill   dogs,  when 71, 

to  release  dogs  without  fee,  when 

to  kill  bitches,  when,  redemption  fee  of 

to  file  list  of  dramshops  . 

to  enforce  dramshop  laws 

shall  notify  persons  to  remove  combustibles 

shall  report  violations  of  chapter  25,  etc 

shall  have  control -of  prisoners,  etc  

shall  report  nuisances 

shall  be  subject  to  orders  of  board  of  health 

to  shoot  pigeons         

to  serve  notices  for  special  council  meetings 
bond  of  marshal 

bond  of  police 

subject  to  orders  of  mayor,  extra  police 

police  to  consist  of 

duties  of  in  making  arrest,  etc- 
subject  to  whom 

may  enter  what  places  to  make  arrests 
assistant  mar!?hal,  duties  of 


1  i 

I  1 1 

1  2 

1 1 1 

13 

1 12 

5B 

•31 

6S 

142 

.  72 

'43 

73 

'43 

74 

144 

Si 

145 

S6 

147 

m5 

'.SI 

5SM 

3«' 

■^'^^ 

3S2 

-:■> 

27' 

263 

27S 

444 

333 

15" 

yv ' 

4t\V» 

342 

4f^7 

343 

|(,S 

343 

49' 

350 

492 

35' 

i" 

35' 

508  INDEX  TO  REVISED  ORDINANCES. 

SEC.  PAGE. 

duty  concerning  nuisances 496  352 

general  duties  of  marshal 497  352 

marshal  to  designate  stands  of  vehicles 743  450 

to  keep  record  of,  etc 744  450 

marshal  to  attend  council  meetings 498  353 

suspension  of  police,  vacancy,  how  filled 499  353 

marshal  and  police  not  to  loiter  in  saloons,  etc 500  353 

property  of  arrested  persons,  how  handled 501  353 

shall  serve  notice,  etc 502  354 

arrest,  how  made  by,  etc 503  354 

to  wear  badge 504  355 

to  wear  uniforms 505  355 

badges  and  uniform,  how  selected,  etc 506  355 

to  be  paid  for  how 507  355 

pay  of,  how  enforced 508  556 

to  serve  notice  of  charges,  etc                     511  357 

compensation  of  marshal 518  358 

compensation  of  regular  police 527  359 

compensation  of  extra  police 540  360 

notice  of  appeal  to  be  served  by 567  372 

MAYOR— 

to  approve  appointments  of  pound  officers  13  112 

to  execute  deeds  to  cemetery  lots,    and   assign   place   for 

burial  of  the  poor 48  128 

mayor  to  keep  record  of  cemetery   lots,  etc.,  shall  be  re- 
sponsible for  price  of  lots  sold 50  129 

shall  pay  proceeds  of  lots  into  city  treasury. 51  129 

shall  make  semi-annual  statements  of  lots  sold 52  129 

shall  appoint  cemetery  sexton,  how  53  129 

to  be  chairman  of  board  of  charitable  relief,  duties  as 59  131 

shall  preside  at  condemnation  trials,  powers,  etc 60  132 

shall  fix  date  of  hearing  such  cases,  may  continue  hearing 

of  for  what 61  133 

may  adjourn  hearing  of  same  for  what,  etc          62  134 

shall  report  finding  of  iury  to  council  ' 64  136 

shall  examine  final  record  of,  and  sign  if  correct 66  140 

to  appoint  board  of  health 224  26S 

to  approve  bond  of  pawn  broker                                          *          289  290 


INDEX  TO  REVISED  ORDINANCES. 


509 


shall  sign  all  licenses 

shall  approve  lease  of  stall  in  market  house 

canvass  election  returns,  and  award  certificates 

may  call  special  council  meetings 

may  call  special  elections,  when 

may  appoint  what  officers,  to  be  approved  when 

special  duties,  may  appoint  extra  police,  when 

shall  sign  commissions,  and  approve  official  bonds 

shall  execute  certificate  to  cemeten,-  lots,  and  duties  as  to. 

to  keep  duplicate  plats  of  in  office 

may  remit  fines,  how 

hoursof  office 

vacancy  in  office  of,  how  filled 

may  suspend  officers,  when,  how,  for  what 

shall  file  charges  with  city  clerk 

shall  lay  such  charges  before  council,  when 

charges  may  be  prefered  against  mayor,  by  whom 

compensation  of  mayor 

may  veto  ordinance,  time  of  returning  to  council 

MERCHANTS— 

term  defined,  shall  pay  license,  etc 

shall  pay  ad  valorem  tax,  etc 

shall  file  statement  and  bond 

statement  to  be  sworn  to,  filed  when  

failure  to  file  statement  or  pay  tax,  penalty  for 

term  of  license,  prorated  when 
MISDEMEANORS— 

animals,  dead,  to  interfere  with  contractor 

animals,  failure  of  owner  to  remove,  when 

animals,  placed  upon  street 

ashes,  straw,  etc.,  thrown  upon  street,  when 

assault,  when  not  otherwise  defined 

auction,  to  use  bell  or  loud  sounding  instrument,  etc 

bathing,  etc.,  exposure  of  person 

bawdy  house,  to  be  found  in,  or  lurking  about  city,  etc 

bawdy  house,  to  keep,  permit,  etc 

bawdy  house,  keeper  of  who  deemed 

bawdy  house,  lodger  in,  etc      


SKC. 

301 
328 
456 

459 
460 
461 

468 
469 
470 
471 
472 
473 
474 
509 
510 
511 
514 
517 
770 

304 
305 
306 

307 
308 

309 

16 
17 
389 
387 
434 
406 

375 
377 
383 
3M 
436 


292 
303 
339 
340 
341 
341 
343 
343 
344 
344 
344 
344 
345 
35^ 
356 
357 
357 
358 
460 

293 
294 
294 
294 
294 
295 

114 
■■5 
319 
3'9 
331 
324 
3'5 
3'6 
317 
3' 7 
Hi 


5IO  INDEX  TO  REVISED  ORDINANCES. 

SEC.  PAGK. 

barbwire  fence,  long  street,  etc 402  322 

bell,  etc.,  to  sound  at  auction,  when 406  324 

birds,  to  kill,  rob  nests,  etc 394  320 

bills,  to  post  on  property,  sidewalks,  etc 416  327 

bicycles,  roller  skates,  etc.,  use  of  on  sidewalk 413  326 

broker,  pawn,  to  violate  provisions  of 295  291 

broker,  ticket,  to  violate  regulations  concerning 319  298 

buildings  and  property,  to  deface,  etc 420  328 

cellar  door,  grating,  well,  etc  ,  left  open 392  320 

cemetery,  to  violate  provisions  concerning 56  130 

coal  oil,  etc.,  to  keep  in   excess  of  three  barrels,  when   400  321 

concealed  weapons,  to  carr}-,  etc 433  330 

dance  house,  immoral  show,  etc    .    378  316 

depot,  to  loaf  or  loiter  in  or  about,  when                  396  321 

dirt,  offal,  etc.,  to  drop  on  street 426  329 

disease,  contagious,  violation  of  provisions  governing 249  274 

disorderly  house,  to  keep,  permit,  etc          440  332 

disturbance  of  peace 409  324 

disturbance,  lawful  assembly 405  323 

disturbance,  religious  worship                                        404  323 

di.sturbance,  by  fighting I35  331 

dogs,  to  keep  unregistered  or  unmuzzled,  when                         77  144 

dogs;  to  cause  to  fight  on  street,  etc .                429  330 

dramshop,  to  keep  open  or  .sell  after  midnight  or  on  Sun- 
day   379  316 

dramshop  keeper,  to  employ  female  other  than  wife,  etc      380  316 

engines,  steam,  to  run  on  street,  etc 414  327 

explosives,  to  keep  in  excess  of  certain  quantity 431  330 

exposure  of  person,  while  bathing,  etc 375  315 

exposure  of  person  on  street,  avenue,  etc 441  332 

fast  riding,  driving,  etc.,  on  street 385  318 

females,  to  employ  other  than  wife,  etc.,  in  dramshop 380  316 

fence,  hedge,  failure  to  cut,  etc 399  321 

fence,  barbwire,  along  street 402  322 

fighting,  to  the  disturbance — of  others 435  331 

fire  department,  to  violate  provisions  of 100  152 

fire,  fal.se  alarm  of 418  327 

fire,  failure  to  close  hydrant  when  alarm  given                       763  455 


INDEX  TO  REVISED  ORDINANCES.  51  1 


PAfiE 

455 
330 
3 '5 
335 
320 

324 


fountain,  to  carry  or  waste  water  from 761 

games,  on  street,  etc.,  when 4,0 

gaming  tables,  etc.,  keeping  of ^75 

grass,  weeds,  etc.,  to  grow  along  sidewalks,  etc  449 

grating,  on  street,  left  open ^02 

gun,  discharge  of  in  limits 407 

hand  bills,  posting  on  property  and  walks,  when  416  -^27 

hedge  fence,  failure  to  cut,  etc    399  ^21 

horse,  to  hitch  to  tree,  case,  etc 41^  -,27 

hydrants,  etc.,  to  open,  deface,  etc  762  455 

fast  riding,  during,  etc 385  318 

hotel,  runner  of,  not  to  wear  badge  27^  286 

house  numbers,  to  mutilate,  etc 452  336 

infected  district,  train  from  to  enter  city  without  permit.      261  278 

insurance  agent,  doing  business  without  license 311  296 

insurance  broker,  etc.,  not  to  have  license * 314  296 

intoxicating  liquors,  sale  of  to  minors ; 382  317 

intoxication,  on  street,  etc 374  315 

jail,  officers,  etc.,  to  efcape  from 422  328 

lamp  post,  gas  jet,   etc.,  to  deface,  hitch  to,  etc  427  329 

larceny 439  332 

lawful  assembly,  disturbance  of  405  323 

lights,  to  take  down  from  excavations,  etc  602  387 

license,  to  solicit,  etc.,  insurance  without  311  296 

license,  insurance  agent  and  broker,  not  to  have  314  296 

license,  merchant,  failing  to  pay,  etc  308  294 

license,  to  do  business  without,  generally  303  293 

liquor,  intoxicating,  sale  of  to  minor 382  317 

liquor,  intoxicating,  sale  of  on  Sunday,  or  after  midnight     379  316 

market  house,  to  violate  provisions  of 37'  3^i 

market  inspector,  over-charging,   or  failing  to  receipt  for 

money 342  306 

meat,  diseased,  etc.,  to  offer  for  sale 349  3"^ 

meat  shops,  to  keep  within  six  blocks  of  market  house 363  310 

merchandise,  to  obstruct,  sidewalk,  etc.,  with  when 390  319 

merchant,  failing  to  make  statement,  or  pay  licenses      .     30S  294 

minor,  sale  of  intoxicating  liquor  to  .  .\^2  317 

minor,  to  sell  or  loan  toy  pistol  to  4'«^  325 


512  INDEX  TO  REVISED  ORDINANCES. 

STEC  .  FA  fii: . 

minor,  to  buy  or  receive  property  from 432  330 

nuisance,  to  keep,  permit,  etc 239  271 

numbers  of  houses,  to  mutilate,  etc 452  336 

offal,  placed  or  left  on  street,  etc 389  319 

ofFal,  dropped  while  being  hauled 426  329 

officer,  to  resist,  etc 372  314 

officer,  escape   from 422  328 

officer,  falsely  representing 373  314 

officer  of  company,  to  cut  oflF  water  supply   when 767  457 

pauper,  etc.,  tx>  bring  into  city,  when 386  318 

pawn  broker,  to  violate  regulations  of 295  291 

permit,  failure  to  have  when  required 549  364 

permit,  punishment  for  failure  to  comply  with 555  366 

petit  larceny,  what  is,  punishment 439  332 

pigeons,  to  keep,  have,  etc.. 443  333 

pigeons,  marshal  to  shoot,  when 444  333 

pistols,  toy,  sale  or  loan  of  to  minor 410  325 

pistol  galleries,  to  violate  provisions  of ..    576  376 

plumbers  to  do  business  without  license 577  377 

plumbers,  to  violate,  provisions  concerning 580  37S 

poles,  to  post  bills  on,  mar,  deface,  etc 445  334 

policeman's  whistle,  other  than  officer  to  sound 417  327 

prisoner,  to  escape  from  officer,  jail,  etc 422  328 

prisoner,  to  escape  from  street  commissoner 424  329 

prisoner,  to  convey  means  of  escape  to 423  328 

privy  and  water  closets,  failure  to  provide  for 581  379 

privy  and  water  closets,  to  violate  provisions  of 584  380 

prostitutes,  plying  vocation  of,  etc 437  332 

prostitution,  renting  rooms,  etc.,  for 438  332 

punishment,  when  not  specially  provided  for 442  333 

quarantine,  failure  to  comply  with  regulations 260  277 

quarantine,  resisting  enforcement  of 264  278 

railings,  etc.,  spikes,  nails,  etc.,  to  be  fastened  in 428  330 

railroad,  train  to  enter  city  without  permit,  when 261  278 

railroad,  car,  to  obstruct  street,  sidewalk,  etc 391  320 

railroad,  car,  minor  to  mount  or  climb                           393  320 

railroad,  car,  persons  to  mount  or  climb 395  320 

railroad,  depot,  to  loaf  in  or  about  396  321 


INDEX  TO  REVISED  ORDINANCES. 


=;  I  ^ 


railroad,  section  395  and  396,  not  applicable  to  employes. 

railroad,  violation  of  provisions  jroverninp  running:;  of 
trains 

religious  worship,  disturhance  of 

reservoir,  water  to  bathe  in,  befoul,  etc 

runner  of  hotel,  not  to  have  badge 

sewers,  to  violate  provisions  concerning  

show,  dance  house,  etc.,  when 

sidewalks,  to  obstrcct  with  merchandise,  etc 

sidewalks,  to  use  bicycle,  roller  skates,  etc.,  on 

sidewalks,  to  post  hand  bills,  etc,  on 

sidewalks,  to  permit  grass,  weeds,  etc.,  to  grow  along  . 

sidewalks,  to  disregard  provisions  governing 

sidewalks,  to  obstrvict,  generally 

slop,  water,  etc.,  thrown  from  window 

spikes,  nails,  etc.,  along  railings,  etc 

stall  and  stands,  to  occupy  in  market  house,  without  per- 
mit, etc 

stallions  and  jacks,  exhibition  of  on  street 

stallions  and  jacks,  kee])ing,  standing  and  breeding  of, 
when 

steam  engine,  to  run  or  exhibit  on  street 

stobs  and  posts,  failure  to  remove,  when 

stones,  etc.,  placed  or  left  on  street 

street,  to  use  when  being  repaired,  when 

streetlights,  removal,  etc.,  of  when  in  repair 

street,  ashes,  straw,  etc.,  liirown  upon 

street,  barb  wire  fence  along,  when  

street,  to  ol)struct  with  merchandi.se,  when 

street,  to  olxstruct  with  railroad  car 

street,  stone,  dead  animals,  etc.,  placed  upon 

street,  stallion  or  jack,  exhibited  upon 

street,  steam  engine,  exhibited  or  run  upon 

street,  wagons,  etc.,  standing  upon,  when 

street,  to  cau.se  dogs  and  animals  to  fight  ini"i! 

street,  to  be  intoxicated  upon 

street,  games,  etc.,  played  upon,   when  and  what 

street  commissioner   nrJc.i'H'r  1,.  ( .'^c.ine  from. 


8F.C 

r-AGK. 

397 

321 

'■4 ; 

K'7 

4") 

v23 

:'M 

455 

2"  s 

2S6 

6H9 

429 

.^78 

316 

3<,.. 

^i*( 

413 

32'' 

.ti6 

327 

449 

335 

62.S 

400 

3S5 

3i« 

-,ss 

318 

42s 

33<J 

\  \  ^ 

■,04 

412 

:^2f> 

3S 1 

u6 

414 

327 

74  > 

.)4S 

vSm 

^^'9 

603 

3N7 

602 

3^7 

.,,s- 

3 '9 

.402 

322 

39f) 

3 '9 

3,vj 

319 

412 

326 

41  1 

327 

415 

327 

.12q 

"^-^n 

4.V' 

33" 

424 

329 

514  INDEX  TO  REVISED  ORDINANCES. 

SRC.  PAGE. 

street  railway,  obstruction  of 598  321 

Sunday,  to  do  business  on 300  292 

Sunday,  selling  liquor  on 379  316 

teacher,  failing  to  require  certificate  of  vaccination,  when..  247  273 
telegraph,    telephone   company,    etc.,  failure  to  make  de- 
posit, when 740  448 

ticket  broker,  to  violate  provisions  concerning  license,  etc..  319  298 

toy  pistol,  to  sell  or  loan  to  minor 410  325 

toy  pistol,  to  carry  or  discharge  in  city  limits 411  325 

trespass,  on  property  of  association                                               4^1  328 

trees,  hitching  horses  to  etc 419  327 

trees,  injuring,  destroying,  etc... 446  334 

trees,  to  cut,  mutilate,  etc 448  335 

trees,  to  violate  provisions  relating  to  shade  trees 734  445 

unlawful  act,  agreement  to  do 403  323 

vacant  lots,  rubbish,  filth,  etc.,  to  accumulate  on 425  329 

vaccination,  certificate  of,  teacher  failing  to  require,  when  247  273 

vagrant,  defined  and  punishment 447  334 

vehicle,  to  violate  provisions  concerning 747  450 

vital  statistics,  to  violate  provisions  of    256  275 

wagon,  standing  on  street,  when      415  327 

water,  etc.,  thrown  from  window 388  319 

water,  use  of  not  allowed  by  permit 759  454 

water,  use  of  without  permit 760  454 

water,  to  cut  off  supply  after  bond  given,  when 766  456 

water,  ofiicer  to  order  same  done        767  456 

well,  to  leave  open,  etc                              392  320 

wife,  child,  etc.,  cruel  treatment  of          ..  408  324 

MONEY   BROKERS— 

whoare 296  291 

license,  must  pay  what                                             297  291 

MONEY  - 

distributed,    how  ., 4  108 

MULES— (5<?<'  Animals.) 

NIGHT  SCAVENGERS 

permit,  nmst  have,  contracts  of                                                      553  365 


INDEX  TO  REVISED  ORDINANCES . 


515 


NOTICE— 

impounded  animal,  sale  of,  how  given 

dead  animals,  bids  for  removal,  what 

list  of  property  for  taxation,  owner  to  have,  what 

appeals  from  police  court,  when  and  what  necessary 

sewer  connection,  to  make,  what  necessary 

change  of  name  of  street,  what  required 

street  improvements,  what 

including  grade  with  other  improvements,  what  give 

street  paving,  to  contractor  of,  what  sufficient 

sidewalks,  to  contractor  of,  what 

sidewalks,  choice  of  material  for,  how  given 

sidewalks,  bids  for  construction,  what 

sidewalks,  bids  in  special  cases,  what  required 

sidewalks,  to  repair,  what  given 

NUISANCES— 

to  keep,  permit,  etc.,  prohibited 

vegetable  waste,  garbage,  etc.,  when 

privy,  water  closet,  etc.,  when 

drains,  garbage  boxes,  etc.,  when 

lot,  with   pond  or  pool,  when 

stables,  stalls,  pen,  etc.,  when 

house  offal,  etc.,  when  

green  or  unsalted  hides 

slaughter  house,  meat  shop,  etc 
NUMBERING  OF  HOUSES— 

places  of  beginning 

manner  of 

to  mutilate,  etc.,  misdemeanor 

OATHS— 

persons  listing  property  for   taxation,  form  of 
assessor  on  return  of  list  of  property,  to  make 
city  engineer,  special   conditions 
of  office,  city  officers  to  take 

OFFICERS— 

to  deposit  money  with  treasurer,  when 
Elections,  Regulations  Governing — 

time  of  holding,  qualification  of  councilmen,  etc 


BKC. 

J'AOE. 

12 

1  I  1 

•4 

"  "3 

20 

iiH 

567 

372 

584 

380 

•594 

384 

595 

385 

596 

385 

601 

387 

621 

396 

627 

398 

627 

398 

63' 

401 

638 

405 

229 

270 

230 

270 

23  > 

270 

232 

290 

233 

270 

234 

270 

235 

271 

236 

271 

237 

271 

450 

335 

451 

33^^ 

452 

33^1 

22 

119 

4" 

126 

SS 

147 

157 

3.^'* 

453 


loS 


337 


5l6  INDEX  TO  KKVTSKD  ORDINANCKS. 

SEC.  PAGE. 

state  laws  to  govern,  except  as  to  clerk                                        454  33S 
iiulges,  duties  of — places  of,  how  fixed,    polls  open  when, 

etc      455  33^ 

returns,  duty  of  mayor  and  clerk  concerning                            456  339 

oath  of  office,  who  and  what  to  take                    457  339 

certificate  and  oath,  to  be  presented  to  council 458  340 

meetings  of  council,  regular  and  special     459  340 

vacancy  in  office,  how  filled . 460  341 

appointive  officers,  how  and  when  made                     461  341 

term  of  appointive  officers 462  341 

council  may  appoint,  when  and  how                              463  341 

bond  of  marshal                                               -  -           463a  342 

bond  of  collector 464  342 

bond   of  assessor 465  342 

bond   of  treasurer                                                                             466  342 

bond  of  policemen 467  343 

judges  and  clerks  of  election,  compensation  of 539  360 

Mayor,  to  have  supervision  over  departments,  etc. — 

iriay  appoint  extra  police,  etc 468  343 

commis-sions,    appointments,    bonds,   etc.,   duty  concern- 
ing   469  343 

cemetery  lots,  to  execute  certificate  and  deed  to                        470  344 

duplicate  plat.s  of,  to  keep  in  office                                                 471  344 

fines  remitted,  etc.,  order  concerning                                            472  344 

office  of,  hours  to  be  in,  etc                                                            473  344 

vacancy  in  office,  hpw   filled                                                             474  345 

Clerk,  Collector,  Treasurer — 

clerk,  election  of,  term  of  office                                                       475  345 

bond  of                                                                                                      476  346 

accounts,  record,  etc.,  what  to  keep                                              477  34^ 

licenses,  duty  concerning 47'*^  34^ 

tax  books,  to  make,  extend,  etc                                                    479  347 

seal  of  citv,  to  affix,  etc.,  when                                                    480  347 

"city  register,"  means  clerk  '                                          4^'  347 

compensation  of  clerk                                                                         482  348 

collector,  duties  of 4S3  34-"^ 

treasurer,  duties  of 4>'^4  348 


INDKX  TO  RFA'lSr.I)  ORDINANCF.S.  51; 

• 

Attorney — 

duties  geiicrall}'   

appeals,  to  take,  etc.,  when 

absent,  sick,  etc.,  may  appoint  attorne\ 
Street  Commissioner- 
office  of,  term,  how  appointed  and  removed 

duties  of 

power  to  make  arrests 
Marshal  and  Police — 

police  force,  what  to  constitute 

duties  of  as  to  arrests,  etc 

policemen,  dut}'  to  mayor  and  marshal  

.arrests,  enter  houses,  etc.,  when  

assistant  to  act  as  marshal,  when 

nuisances,  duty  concerning 496 

marshal,  general  duties  of,  etc 497 

to  attend  council,  preserve  property,  etc 

policeman,  may  be  suspended,  vacancy,  how  filled 

saloons,  not  to  drink  or  loiter  in 

party  arrested,  property,  how  and  when  taken 

marshal,    to  serve  notices,    collect    dog   tax,   account   for 
money,    etc — - 

arrests,  with  or  without  process,  when 

Police  Regulations — 

marshal  and  police,  must  wear  badge 

uniform,  must  wear 

badge  and  uniform,  who  to  provide,  etc... 

to  be  paid  for,  by  whom  and  how 

failure  to  pay,  works  forfeiture  of  salary,  what 

Suspensions  and  Removals — 

ma3'or,  mav  suspend  for,  what 

suspension,  how  effected,  performing  duties  after,  misile- 

meanor 

charges,  when    prefered,  notice  of,  etc 
council,  to  hear  evidence,  etc* 

vote,  how  taken,  what  necessary,  etc 

mayor,  who  mav  prefer  charges  against,  trial,  etc 
accused,  right  to  defend,  city  attorney  to  prosecute 


(^"' 

.u« 

4.S6 

349 

4.S7 

349 

48S 

349 

4.S9 

350 

49" 

35" 

191 

35<' 

492 

3.S' 

493 

351 

494 

35 » 

495 

352 

496 

352 

497 

352 

49« 

353 

499 

353 

500 

353 

50  > 

353 

502 

354 

5f>3 

354 

504 

355 

505 

355 

506 

355 

5"? 

355 

508 

356 

.S09 

35'^ 

S 1 0 

356 

51  1 

^S7 

5 1 ,1 

357 

=;i  1 

357 

5i8 


INDEX  TO  REVISED  ORDINANCES* 


Salaries  and  Compensation —  sec. 

general  provisions 516 

mayor 517 

marshal  -    518 

police  judge  519 

clerk —    520 

treasurer 521 

collector 522 

attorney 525 

engineer,   civil 524 

assessor .' 525 

street  commissioner 526 

policemen .....527 

chief  of  fire  department 528 

assistant  chief  ..  529 

hosemen  530 

coiincilmen    531 

board  of  health,  members  of  532 

weighmaster 533 

sexton  of  cemetery 534 

paj'ment  of,  when   and  how  made 535 

officer,  not  to  retain  city  money  as  salary 536 

rodmen,  chainmen  and  inspectors,  pay  of -.        537 

jury,  in  condemnation  proceedings,  pay  of 538 

judges  and  clerkfi  of  election 539 

extra   police 540 

witnesses 541 

ORDINANCES— 

style  of,  how  passed,  signed,  etc  769 

mayor's  veto,  powers  of,  bills  passed  over,  etc 770 

rights,  etc.,  not  effected  by  repeal  of 771 

offenses,  lines  and  forfeitures,  not  effected  by  repeal 772 

suits,  actions,  etc  pending,  not  effected  773 

"heretofore"  and  "hereafter,'*'  meaning  of  774 

words  importing  plural  number,  scope  of        775 

words    importing    singular    number,     masculine    gender, 

scope  of 776 

when  two  preceding  sections,  not  to  apply  ..     777 


PAGE. 

358 
358 
358 
358 

359 
359 
359 
359 
359 
359 
359 
359 
359 
359 
359 
359 
359 
359 
360 
360 
360 
360 
360 
360 
360 
360 

459 
460 
460 
460 
461 
461 
461 

461 
461 


INDEX  TO  REVISED  ORDINANCES.  519 

SKC.  PAfiE. 

ordinance,  repealing  ordinance,  when  repealed,  effect  of      77S  461 
clerk,    to   file,    number,    preserve,    etc.. — conflicting  ordi- 
nances, last  invalid  till  former  repealed                              779  162 

same  provisions  in,  how  construed,  etc 780  462 

revised  ordinances,  to  be  known  and  cited  how,  etc  781  462 

rules  for  government  of  council  782  462 

revised  ordinances,  city  attorney  to  superintend,  etc 783  462 

what  to  be  printed,  style  of,  etc 784  462 

contract  for  publication  of,  council  to  make 7H5  463 

time  of  going  into  effect,  attestation  of 786  464 

PARTNERSHIP— 

property  of,  how  assessed                                       ^6  12s 

PAWN  BROKER— 

shall  pay  license                                       287  290 

defined         288  290 

shall  give  bond 289  290 

shall  keep  register,  give  tickets,  etc                                            290  290 

register  to  be  open  to  inspection  of  whom 291  291 

shall  pay  tax,  etc 292  291 

shall  not  receive  goods  from  minors  nor  at  certain  hours 

at  all 293  291 

shall  not  loan   on  divided  part  of  articles                                294  291 

penalty  for  violating  provisions  concerning                              295  291 

PENALTIES— 

failure  to  list  property  for  taxation,  what                                    24  120 

assessor  to  accept  list  not  sworn  to,  etc                                       21  119 

building  association,  officer  failing  to  pay  tax  on  shares           29  123 

assessor,  failing  to  return  old  book,  or  to  mutilate 30  123 

street   improvement,    failure   to   commence   or  complete, 

when 605  388 

PERMITS— 

building,  etc.,  to  erect,  nmst  have,  how  obtained 
plans  of,  etc  ,  to  be  submitted  and  inspected,  uhen 
appeal,  may  take  when  permit  refused 
street,  alley,  etc.,  to  dig  or  excavate  in,  how  obtHiiicil 
paved  or  macadamized  street,  how- 
sidewalk,  to  place  or  leave  articles  on,  etc 


,S42 

361 

543 

262 

544 

362 

545 

362 

546 

3^^ 

547 

363 

520  INDEX  TO  REVrSEI)  ORDINANCES'. 

Street,  etc,  to  excavate  under,  repair  of 548  364 

failure  to  have,  when  requirrd,   misdemeanor  549  364 

excavations,  guards,  lights,  indemnity  bond  for,  etc  550  364 

stone,  brick,  earth,  etc.,  to  carry  away,  must  have  551  365 

■      engineer;  to  keep  record  of                               552  36'; 

night  scavenger,  must  have,  etc 553  365 

streets,  to  parade  on,  etc 554  366 

failure  to  comply  with  provisions  of,  misdemeanor  555  366 

PEST  HOUSES— 

board  of  healt^i  to  provide  and  send  to,   when  240  272 

PETIT  LARCENY— 

what  constitutes,  punishment                                                    .     439  333 

PIGEONS— 

_  misdemeanor  to  keep,  have,  etc  443  335 

marshal,  to  .shoot,  etc  444  333 

PISTOL  GALLERIES 

to  keep,  etc.,  what  property  owners  must  consent,  etc  572  375 

license  for,  clerk  to  issue  when 573  375 

tax  on,  what  and  when  paid   574  376 

license,  may  be  revoked,  etc  575  376 

to  violate  provisions  of,  misdemeanor  576  376 

PLATS— (^•ed'  Additions.  1 

PLUMBERS— 

must  have  license,  failure  to,  penalt}'.  .                577  377 

application  for  license,  how'  made  57.S  377 

bond  of,  when  required .  579  377 

street,  excavations,  how  made,  etc.,  misdemeanor,  when  580  378 

to  test  accuracy  of  water  meters,  when  .  765  456 

POLICE— (5£'t'  Marshal  and  Pol  ice.) 

POLICE  COURT^ 

establi.shed,  purpose  of .  556  366 

warrants,  when  to  issue,  form  of 557  367 

defendant,  trial,  bond,  commitment  of,  etc  558  367 

police  judge,  to  keep  docket,  issue  subpoenai's,  etc  559  368 

witness,  refusing  to  testify,  may  be  committed  to  jail  560  369 

continuances,  when  granted,  how  long  561  369 


INDKX  TO  RF.VISEl)  ORDINANCES.  52  1 

SF.C  I'AOK 

depositions,  may  be  taken,  order  for,  etc  562  •^70 

trials,  by  jury  or  judge,  when,  etc  563  370 

jury,   empaneling  of,  verdict,  etc  564  370 

certified  copies  of  ordinances,  etc.,  evidence  565  371 

appeals,  how  taken,  l^ond  for,  etc  566  372 

notice  of,  when  to  be  given 567  372 

commitment,  when  made,  form  of,  execution,  etc  56S  373 

actions  and  parties,  what  may  be  joined,  judgements,  etc  569  374 

informer,  be  competent  witness,  to  pay  costs,  when 570  374 

suit  or  prosecution,  time  of  instituting 571  375 

POLICE  JUDGK— 

salary  of              .- 5">  vS^ 

warrants,  to  issue  when,  form  of 557  ?^7 

cotnniitment  on  failure  to  give  bond,   form  of 55S  367 

docket  of,  subpcenaes,  attachment,  conlempt,  etc 559  36S 

witness,   refusal  to  testify,  may  commit  5^  3^9 

continuances,  may  grant,  how  long  56'  3^9 

depositions,  may  grant,  rule  for,  etc  262  370 

try  case,  when,  jury,  when  5^3  37*^' 

jury,  empaneling   of,  verdict,  judgement,  etc  564  370 

appeals,  from  judgement  of,  how  and  when  taken  566  372 

shall  order  prisoner  worked,  when  ,S^9  .'^'^- 

POIJ.S— 

time  of  opening  and  closing  45,s  .v^^ 

POOR— 

to  be  cared  for  by  board  of  ciiarity,  donations  for,  etc  5'"^  '3' 

POUND— (.SV^'  Animals:) 

city  to  provide  ' ' 

animals,  to  be  kept  in  and  sold,  when  '  - 

charge  for  impounding,  fees  of  marshal  '3 

prIvSOnp:rs 

to  be  worked  on  street,  etc  "    ' 

ball  and  chain,  may  be  used,  when  ^'•'^' 
days  work,  allowance  for  on  fine.. 


1 1 1 
1 1  I 
1 1  .^ 


•,S2 

382 

91  3S3 


manner  of  feeding,  etc..  ^'^'  ' ' "' 


record  of  work,   to  be  ke]n 


3\^ 


522  INDEX  TO  REVISED  ORDINANCES. 

SEC.  PAGE 

to  convey  means  of  escape  to,  misdemeanor 423  328 

to  escape  from  jail,  officer,  etc.,  misdemeanor 422  328 

PRIVIES  AND  WATER  CLOSETS— 

buildings,  what  must  have 581  379 

improperly  provided,  penalty 582  379 

vaults,  not  connected  with  sewer,  regulations  of 583  379 

penalty  for  failure  to  connect  with  sewer,  when 584  380 

connections,  how  made 585  3S0 

leaking  vaults,  misdemeanor  to  have 586  381 

violation  of  provisions,  penalty  in  general 587  381 

marshal  and'police,  duty  concerning 588  381 

nuisance,  when *                    231  270 

PROPERTY 

what  taxable,  how  and  when  assessed 19  i  r6 

PROSTITUTES,— (5^^  Bawdy   Ilojcse.) 

PUBLIC  IMPROVEMENTS,— i^.?^  Streets,  Sidewalks,  Sewers,  etc.) 

RAILROADS— (5>^  Ticket  Broker.) 

quarantine  regulations,  notice  of  to  be  given 260  277 

to  enter  city  during  quarantine,  must  have  permit,  when..  261  278 

minor,  to  hang  or  climb  on  car,  misdemeanor 393  320 

to  mount,  jump  from,  enter,  etc.,  when 395  320 

depot,  to  loaf  in  without  excuse,  misdemeanor                        396  321 

rate  of  speed  of  engines,  cars,  etc.,  in  city  641  407 

street  crossings,    etc.,    not  to     obstruct,     requirments     of 

moving  freight  trains  in  city 642  407 

penalty  for  violationg  two  preceding  sections 643  407 

RECORDS— (5^^  City  Clerk,  Collector,  Mayor.  Maishal,  Eng- 
ineer, Board  of  Health,  Cemetery,  Condernnatiofi  Proceed- 
ings, Streets,  Fire  Department,  etc.) 

RESOLUTIONS  — 

change  of  name  of  street,  provisions  concerning 594  384 

for  improving  streets,  etc.,  concerning 595  385 

sidewalks,  may  be  condemned  by 630  401 

REVENUE- 

from  what  .source  derived,  generally     644  40S 

property  exempt  from  taxation,  what                          645  4oS_ 


INDEX  TO  REVISED  ORDINANCES.  523 


SKC.  I'AGE 

personal  property,  what  taxable 646  409 

rate  of  tax,  fixed  by  ordinance  each  year  647  409 

real  estate — and  other  terms  construed,  etc h4S  409 

property,  how  assessed,  board  of  equalization,  etc  649  411 

collector  to  give  notice  of,  what  and  when 650  412 

taxes,  payable  in  what 651  41  ^ 

taxes,  delinquent  when,  penalty,  list  returned,  etc 652  41^ 

nun-residents,  collector  to  furnish  list,  what 653  41^ 

taxes,  duty  of  collector  concerning,  may  make  levy,  etc..  .  654  414 

costs  of  levy,  when  included,  etc 655  414 

corporations,  to  pay  how,  failure  to,  proceedings  656  414 

penalty  for  failure  to  so  pay    etc 657  415 

collector,  to  credit  and  receipt  for,  part  payment 65S  41  ^ 

collector,  to   keep  account,  pay   into  treasurer  and  make 

statement 659  415 

delinquent  list,  when  and  how  returned 660  416 

council  to  examine  such  list 661  416 

city  clerk,  to  make  delinquent  book,  when,  662  117 

delinquent  taxes,  how  collected,  etc 663  417 

delinquent  list  being  prepared,  taxes  how  paid 664  417 

delinquent  list,  collector  failing  to  return,  penalty 665  41S 

collector,  may  bring  suit,  mayor  to  appoint  attorney  for      666  41S 

REVISED  ORDINANCES— (5(?<f  Ordinances.) 

SALARIES — (See  Officers,  for  Compensation   of.) 

when  and  how  to  be  paid 5,^5  ,^^ 

SEAL  OF  CITY— 

clerk  to  keep 

size,  design  of,  etc 

clerk  to  affix,  when  *  

SEWERS— 

privies  and  water  closets,  to  be  connected  with,   when 

general  system  established,  to  consist  of  what,  etc 

maps,  plats,  profiles,  etc.,  what  to  govern... 

meaning  of  term  "engineer" 

meaning  of  term  "  as  indicated  ". 

public  sewers,  to  be  built  how,  special  provisions 

contractor  to  furnish  labor  and  material,  disputes,  how  set- 


667 

4  IS 

f^hS 

lis 

\'-" 

vJ7 

5^^ 

.>79 

66g 

•J '9 

h-r. 

j2  1 

(^-\ 

12" 

h-2 

42.) 

673 

4  20 

e:  c. 

PAGB. 

674 

421 

675 

421 

676 

422 

677 

423 

67S 

423 

679 

424 

680 

424 

681 

424 

682 

424 

683 

425 

6S4 

425 

685 

426 

686 

426 

524  INUKX  TO  REVISED  ORDINANCES. 

tied,  what  final 

public  travel  not  to   be  obstructed,  etc. ;  contractor   shall 

protect  water,  gas,  and  other  pipes,  etc 
contractor  to  be  responsible  for  what,   forfeiture 
excavations  for,  how  made  in  particular 

back-filling,  how  done 

200  feet  of  trench  only  to  be  opened,  where 

brick,  quality  of,  how  laid,  etc 

niortar,  to  consist  of  what,  how  made,  test  of  cement 

concrete  to  consist  of  what,  how  made 

man-holes,  dimensions,  how  built 

laterals,  how  built,  and  set 

grades  to  be  indicated  how,  trenches,    how  excavated  for 

pipe 

pipes,  how  laid,  quality,  inferior  to  be  rejected,  etc 686 

public  sewers  to  be  constructed  inider  contract,    rights  re- 
served    687  428 

private  sewers  to  connect  with  public  ar,d    district,  where, 

by  whom,  fee  for,  permit  to  be  procured  for,  etc      688  428 

injuring,  or  connecting  wilhoul  permit,  penalty  for        689  429 

District  Sewers  — 

to  be  constructed  according  to  provisions  of  this  article    .     690  430 

boundaries  of  sewer  districts  to  be  fixed  by  ordinance,  etc     691  430 

city  engineer  charge,  etc.,  of  construction    of,    to  prepare 

what  692  431 

to  be  located  on  lines  shown  on  plans,   stakes  to  be  set  by 
engineer 

trenches,  how  excavated,  etc 

responsibility  of  contractor  in  doing  work  on 

water,  gas,  and  other  pipes,  how  protected,  etc 

contractor  shall  provide  for  ])assage  of  vehicles,  etc 

shall  barricade  work,  and  keep  lights  on,    responsible  for 
what   

distance  of  trench  to  be  excavated,  onh-  what  . 

water  to  be  removed  from  trench  before  pipe  is  laid,  unless  700 

contractor  to  do  additional  work  on  bottom  when 

six-feet  sewers  to  be  built  of  what 


693 

431 

694 

43  J 

695 

431 

696 

432 

■   697 

432 

3  for 

698 

432 

699 

432 

less  700 

432 

701 

432 

702 

433 

INDKX  TO   REVlSKI)  ORDINANCI'.S. 


525 


man-holes,  catch-basins  and  flush-tanks,  how  Imilt,    loca 
tion  of,  etc 

quality  of  brick  for,  how  laid,  etc 

cement,  kind,  test,  etc 

mortar,  composed  of  what,  how  made 

concrete,  composed  of  what,  how  made  and  laid,  etc 

pipes,  qualit}-  required,  etc 

pipes,  laid  how 

pipes,  how  joined  together 

trenches  over  pipes,  how  filled  . 

deficiency  in  filling-material,  to  be  supplied  by  contractor  712 

covered  how  deep,  "  y  ''  branches,  how  set.  etc 

lamp  holes,  how  made 

sewer,  how  measured,  contractor  to  furni,sh  labor  and  ma- 
terial; work  and  material  to  be  inspected,  etc.;  reject- 
ed work  or  material  to  be  replaced;  failure  of  contract- 
or to,  work  to  stop  and  engineer  to  do  same;  work  to 
be  prosecuted  diligently,  contractor  to  provide  means 
for  inspection;  work  to  be  kept  cleaned,  pavements, 
etc.,  to  be  replaced,  work  to  stop  during  freezing 
weather,  etc 715 

general    provi.sions   during    construction,     and    duties   of 

parties  7'^ 

other  general  provisions  concerning  work,  etc 717 

subletting  not  to  be  without  permission;  violation  of  this 

may  work  forfeiture 7^^ 

work  shall  be  liable  to  condemnation  any  time  before  final 

acceptance.  7"' 

tax  bills  to  be  issued  m  payment  for  work  7:?" 

engineer  shall  prepare  plans,  etc  7-' 

"  engineer,"  term  defined;  term  "  as  indicated  "  defined       722 
land  to  be  condemned,  engineer  to  make   estimates,  com- 
mittee to  advertise  for  bids,  advertisement  how  made     723 
cost  of,  how  computed;  tax  for,  how  assessed;  tax  bills  to 
be  issued,  to  be  signed  by  whom,  how,  how  collected,    » 

lien  of,  rate  of  interest   724 

district  sewers  shall  be  under  control  of  cil\ 


703 

13.? 

704 

433 

705 

434 

'706 

434 

707 

43< 

7C.S 

434 

709 

434 

710 

435 

71  1 

43.'i 

712 

435 

7'i 

436 

7'-) 

436 

I3h 

4i7 
43« 

43^ 

43^ 
44«' 


44'^ 
441 


526  INDEX  TO  REVISED  ORDINANCES. 

Sewer  Connections —                                                                            sec.  page. 
general  plans,  provisions,  specifications  and  requirements 

concerning  making  of.. 726  442 

engineer  to  supervise,  not  to  be  be   made  without  permit, 

imperfect  connections  condemned 727  443 

applicant  for  permit  to  file  bond,  amount  and  conditions  of  728  443 

pipes,  etc.,  to  be  left  open  until  inspected 729  443 

punishment  for  violation  of  this  article 730  444 

SEXTON  OF  CEMETERY— 

to  obtain  schedule  of  prices  of  lots 48  128 

appointment  and  duties  of 53  129 

special  duties  of. 55  i  ;o 

bond  of,  etc 57  130 

compensation  of 534  360 

SHADE  TREES— 

to  break,  injure,  etc.,  misdemeanor 446  334 

to  cut,  mutilate,  etc.,  misdemeanor 458  335 

planting,  trimming,  etc.,  manner  of 734  445 

SHEEP— (5^<?  Animals.) 

SIDEWALKS— 

construction,  condemnation,  reconstruction  of,   etc.,  how 

controlled 619  395 

work  of  construction,   etc.,   shall   include   what,   shall  be 

done  how 620  395 

general  and  special  provisions  concerning 621  396 

powers  of  city  engineer,  concerning 622  397 

specifications  for  brick  sidewalks 623  397 

specifications   for  concrete  and  granitoid  sidewalks 624  397 

specifications  for  stone  sidewalks 625  398 

specifications  for  wooden  sidewalks 626  398 

owner  may  select  material,  etc.,  how  and  when,  city,  when 

find  how,  general  provisions  concerning,  etc 627  398 

location   and   width,   how  provided  for,   persons  violating 

provisions  hereof,  guilty  of  misdemeanor,  when 628  400 

petition   for,   suflBciency  of,  bringing  street  to  grade  to  be 

borne    by   property    owner,    when,  general  provisions 

concerning 629  400 


INDEX  TO  REVISED  ORDINANXES. 


527 


council  condemn  what  walks,  how-,  etc. ,  mav  provide  new 
sidewalks,  etc.,  penalty  for  repairing  condemned  side- 
walks  

estimates,  how  and  when  made,  to  include  what,  etc., 

sidewalks  to  be  cons' ructed  by  city,  when,  cost  of  how  col- 
lected, special  tax  bills,  rale  of  interest,  assignable, 
and  general  provisions  concerning 

such  tax  bills  to  be  disposed  of  and  collected  how,  mav  be 
sold,  etc 

persons  taking  contract  hereunder  to  be  paid  by  special 
tax  bills,  etc 

cost  to  be  paid  by  special  tax  levy  on  abutting  lots,  etc., 
corner  lots  to  bear  extensions  to  curb  lines  .; 

engineer  to  compute  cost  of,  tax  bills  to  issue  when 

lax  bills,  evidence  of  what  rate  of  interest,  lien  of,  collect- 
able, how 

repairing  of,  no  formality  required,  how  proceeded  with 

repairing  of,  hosv  paid  for,  lien  of  tax  bills  for,  rate  of 
intere'st - 

tax  bills  for  repairs,  by  whom  and  how  collected 

obstruction  of,  misdemeanor 

bicycle,  roller  skates,  etc.,  used  upon,  misdemeanor 

hand  bills,  etc.,  to  paste  on,  misdemeanor 

articles  placed  or  left  upon,  who  must  have  permit 

STALLIONS  AND  JACKS— 

keeping,  standing  and  breeding  of,  how- 
exhibition  of  on  street,  misdemeanor 

STOCKS  AND  SHARES— 

of  corporations,  assessed  for  taxation,  how 

STREET  COMMISSIONER— 
mayor  to  appoint 

term  of  ofi5ce 

office  of,  removal   from,  etc 

duties  of 

arrests,  powers  to  make,  etc 

compensation 

may  construct  sidewalks,  when 


630 
631 


632 

633 

634 

635 
636 

637 
63S 

639 
640 

3«5 
413 
416 

547 

3'^> 
412 


40 1 
401 


402 
403 
403 

404 
404 

404 
40.S 

406 
406 

3'*< 
326 

327 

3"6 
326 


461 

341 

^f.^ 

341 

4^^ 

349 

4S9 

3.50 

49-. 

350 

526 

359 

632 

J,03 

528  INDEX  TO  REVISED  ORDINANCES. 

SKr.  F'ACF. 

ma}-  repair,  when                                                                                  638  405 

setting  of  poles,  to  superintend  what 738  447 

may  take  charge  of  prisoners  and  work  on  street,  when         589  382 

ball  and  chain,  may  use  when 590  382 

to  keep  record  of  such  work,  etc 593  383 

STREETS— 

garbage,  filth,  refuse,  etc.,   a  misdemeanor 230  270 

lights  for,  council  to  provide  for,  etc 320  29H 

intoxication  on,  a  misdemeanor 374.  315 

strolling  and  lurking  about  after  sundown,  misdemeanor..  377  316 

ashes,  paper,  straw,  etc.,  thrown  upon,  when  misdemeanor  387  319 

water  or  slop  thrown  on  from  window,  misdemeanor             388  319 

obstruction  of  with  merchandise,  when  misdemeanor  .           390  319 

with  railroad  train  or  car,  when                                                       391  320 

barb  wire  fence  along,  unlawful                        402  322 

stallion,  jack  or  Ijull  exhibition  on.  misdemeanor   .                 412  326 

steam  engine,  running  or  exhibition  of  misdemeanor  .414  327 

wagon  standing  on,  etc.,  unlawful,  when                            415  327 

dirt,  offal,  etc.,  to  drop  or  .spill    426  329 

games,  etc.,  likely  to  frighten  horses,  misdemeanor                 430  330 

to  dig  or  excavate,  must  have  permit 545  546  362-3 

when  so  excavated,  etc.,  must  be  repaired 548  364 

parades  on,  must  have  permit            554  366 

how  opened,  etc.— (Sec  Condcnmatioii  Pipcecdings.) 

plumbers  excavating  in,  regulation  of                 580  378 

change  of  name,  how  effected                               594  384 

how  to  proceed  for  the  improvement  of 595  385 

council  may  include  grading,  when 596  385 

street  improvements  to  conform  to  this  article                          597  386 

work  shall  be  done,  how 598  386 

material  shall  be  inspected,  to  be  rejected,  when 599  386 

inferior  material  and  improper  work  to  be  removed,  etc         600  386 

notice  of.  what  shall  be  sufficient 601  387 

contractor  to  put  up  lights,' penalty  for  taking  down,  etc       602  387 
street  not  to  be  used  while  being  improved,  except  by  fire 

department 603  387 

lial'ility  of  contractor  and  .sureties  for  damage  done                 (xj4  387 


INDEX  TO  REVISED  ORDINANCtlS.  529 

failure  of  contractor  to  commence  or  complete  work  within 

time,  proceedure,  penalty 6f)5  -^SS 

citj'  may  complete  work,  when,  how 606  38S 

decision  of  city  engineer  shall  be  final,  when  607  ^s-^ 

city  engineer  shall  make   estimates,  may   discharge  what 

men 60S  3S9 

advertisements  of  bids,  how  made,  when,    by  whom,    bids 

may  be  rejected 609  t,^() 

bids,  how  accepted,  effect  of 6ro  390 

check  or  bond  shall  accompany  bids,  to  be  forfeited,  when  61 1  390 

successful  bidder  to  enter  into   contract   and  bond,  when, 
provisions  of  contract,  conditions  of  bond,  etc..  to  be 

filed,  where 612  391 

engineer   to  inspect   work — inspector  may   be  appointed, 

work,  how  accepted,  tax-bills  to  be  issued,  etc 61  ^1  392 

city  engineer  shall   make  calculation,  clerk   to   issue  tax- 
bills,   etc 614  },t)2 

tax-bills  to  be  lien — prima  facie  evidence  of  what,  collected 

how 615  393 

tax-bills  not  payable  in  installments,  rate  of  interest  on         616  393 

tax-bills  shall  be  assignable 617  393 

cost  of  improvements  may  be  paid  in  installments,  when; 
rate  of  interest  on  tax-bills,  how  issued  in  such  cases, 

lien  of 

teams,  etc.,  not  to  be  fed  on 

SUPPLIES— 

purchase  of,  by  order  signed  by  clerk 
order,  granted  only  on  written  requisition 
orders,  requisition,  et.c.,  clerk  to  preserve,  how 

TAXATION— l^^^-  Revenue,   Tax  Bills,  Licenses,  etc.) 

books,  to  be  kept  by  collector,  how  '  "T 

who  shall  be  heldi  liable  for  39  '^^ 

special   assessment   in    condeni nation    proceedings,    how 

made 

tax  bills,  to  be  issued  for  benefits  a.ssessed,  etc 

lien  of  benefit  assessment  

tax  on  dogs,  rate  


6iS 

394 

7;^ 

15" 

731 

444 

732 

444 

7V; 

111 

62 

'34 

6t 

136 

6» 

'56 

6S 

142 

530  INDEX  TO  revisp:d  ordinances, 

BEC.  PAGE. 

dramshop  keepers 79  145 

what  property  taxable 644  408 

what  exempt  from 645  408 

amount  of,  to  be  fixed  by  ordinance  each  year 647  409 

TAX   BILLS- 

for  public  improvements,  issued  how 614  392 

lien  of,  how  collected,  etc 615  393 

rate  of  interest,  etc          616  393 

assignable,  may  be  collected  by  holder.... 617  393 

payable  in  installments,  rate  of  interest,  how  collected 618  394 

sidewalks,  for  construction  of  by  city,  interest,  lien,  etc 632  402 

same  assignable,  etc 632  402 

sidewalks,  constructed  under  contract 637  404 

repairs  of,  made  by  city 639  406 

TELEGRAPH,  TELEPHONE  AND  ELECTRIC  POLES  AND  WIRES— 

to  break,  injure,  deface,  etc.,  misdemeanor 420  328 

poles,  to  post  bills  on,  mar  or  deface 445  334 

general  provisions 735  446 

alleys,  to  be  set  in  when,  manner  of 736  446 

poles,  requisites  for,  manner  of  setting,  height  of  wire,  etc  737  446 

plan  of  route,  to  be  furnished  council,  etc 738  447 

location  and  height  of,  council  may  change 739  447 

deposit  for  repairs,  company  to  make  what,  failure  to,  mis- 
demeanor   740  448 

regulations,  council  to  make,  stobs  and  posts  removal  and 

costs  of,  failure  to,  misdemeanor,  when 741  448 

TICKET  BROKER— 

license,  must  have 315  297 

term  defined ,      316  297 

license,  amount,  term  and  provisions  of 317  297 

bond  of,  shall  furnish  schedule     318  297 

penalty  for  violating  provisions  of 319  298 

TREASURER- 

to  keep  what  accounts  and  how 5  108 

bond  of  - 466  342 

duty  of                                   484  348 

salary 521  359 


INDEX    TO    REVISED    ORDINANCES.  53  I 

to  make  monthly  settlements,  check  warrants,  etc 755  451 

VACANCY  IN  OFFICE— 

manner  of  filling.  460  341 

VAGRANTS— 

who  deemed,  punishment  for  447  334 

VEHICLES— 

licensed,  to  have  stands,  when  not  engaged 742 

marshal,  to  designate  such  stands 

record  of,  marshal  to  keep,  etc 

wagons,  with  articles  for  sale,  to  stand  on  market  place 

team,  not  to  be  fed  on  street,  etc 

misdemeanor  to  violate  provisions  concerning 747 

WARDS  OF  CITY— 

number  of. 

First  ward,  location  of 

Second  ward 

Third  ward 

Fourth  ward 

WARRANTS— 
For  Arrests — 

form  of,  how  and  when  issued 557  3^7 

For  Money — 

clerk  to  draw  on  order  from  council 753  45' 

party  indebted  to  city,  clerk  not  to  issue,  etc 754  45' 

treasurer,  settlement  of,  warrants,  coupons  to  be  checke<l     755  45' 

claim,  etc.,  against  city,  time  of  filing  ..        75^  45^ 

claims,  to  be  examined  and  indorsed  by  committee 757  45^ 

WATER  AND  WATER  SUPPLIES— 
Contracts  For — 

council  to  make,  how,  limits  concerning  75^  45- 

Water  Works,  Regulation  of— 

water,  use  of  not  authorized  by  permit,  misdemeanor 
use  of  without  hcense  or  permit,  misdemeanor 
fountains,  to  carry  or  waste  water  from,  misdemeanor 
hydrants,  to  open,  deface,  etc.,  misdemeanor,  when 
fire  alarm,  hydrants,  etc.,  to  be  closed,    failure   to,  misde- 
meanor      765  -^55 


743 

450 

744 

45^J 

745 

450 

746 

450 

747 

45(> 

74« 

45^ 

749 

450 

750 

45^> 

75' 

45' 

752 

45' 

759 

454 

760 

4  SI 

761 

45  s 

762 

455 

532  INDEX   TO    REVISED    ORDINANCES. 

SEC. 

reservoir,  to  bathe  in,  befoul,  etc.,  misdemeanor  764 

meters,  dispute  as  to  accuracy,  how  and  by  whom  tested...  765 
water  supply,  to  cut  off  after  consumer  executes  bond  pend- 
ing dispute,  misdemeanor          766 

officer  ordering  or  directing  same,  misdemeanor 767 

WEIGH  MASTER— (5"^^  Market  House.) 

WITNESSES— 

fees  of  before  police  judge 541 

refusing  to  testify,  may  be  committed 560 

fees  for  attending  police  court,  policeman,  when  .    76S 


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